Categories
Uncategorized

Contentious Otter Editorial: Dersh reminds everyone that Trump probably has some really nasty “dirt” on him

On July 9th Alan Dershowitz published an editorial defending the “Former Guy’s” lawsuit against big tech companies and the arguments are so incredibly stupid that it makes you think Trump must have some really serious dirt on Dershowitz. For a former Harvard Law Professor to repeatedly debase himself like this, and present such ridiculous arguments, you just can’t help but wonder what that “dirt” happens to be. This editorial will be a brief dismantling of Dershowitz’ ridiculous claims.

Dershowitz first tries to portray the enforcement of community standards as “new censorship”, and claims that “There can be no doubt that these social media giants are denying the former president his freedom of speech..” This is a statement without reason, fact or logic. Denying someone their freedom of speech was clearly understood by the country’s founders to mean subjecting someone to imprisonment, torture, mutilation or death because of things they said. The concept of freedom of speech does not require others to provide you with a venue for your speech, nor does it protect you from criticism of negative public regard.

Furthermore, Trump’s claims that access to online forums are a fundamental right are undermined by his actions as President. While President, Trump appointed a former corporate lobbyist- Ajit Pai -as head of the Federal Communications Commission. In that position, Pai regularly lobbied against Net Neutrality regulations that were meant to require all internet service providers to treat all internet traffic equally. Without Net Neutrality regulations, Internet Service Providers have a legal right to throttle or block access to certain onlne content. You cannot claim that access to social media forums are a fundamental right, while at the same time you are promoting the private sectors right to throttle or block access to those furms. Trump and his Republican allies in the Senate referred to Net Neutrality as a “government takeover of the internet”, so for Trump to suddenly advocate for government control of the Internet clearly constitutes an arbitrary and capricious interest based upon a particular circumstance, rather than a general principle of law that can be applied equally to all Americans. That lack of consistency and generality in application nullifies Dershowitz’ claim entirely. It’s also worth noting that Trump opposed additional funding for programs meant to expand access to broadband internet. Again, you cannot argue that access to online forums is a fundamental right, then turn around and insist that the Internet access which permits access to those forums is a personal luxury.

Dershowitz goes on in his piece to mention that Clarence Thomas once speculated on the possibility of treating internet service providers as Common Carriers who would be subject to certain regulations, but again, Trump and his appointees fought against efforts to regulate Internet Service Providers as utilities, which is a necessary predecessor to applying Common Carrier regulations. Additionally, the idea that such regulation could be used to force online companies to permit their platforms to be used for the promotion of hate-speech and as forums for the planning of terrorist attacks would be counter to how Federal Agencies have sought to regulate mass communication mediums in the past. Historically, Federal Regulation has been involved in preventing tools of interstate commerce from being used as tools of organized crime or political terrorism, or for enforcing “Standards and Practices” that limit the use of profane language, or the sharing of pornographic material on broadcast radio and television stations. There is no precedent for the Federal Government using its authority to force private sector companies to provide their communications platforms as venues for extremist propaganda.

Dershowitz also mentions: “…the uphill battle that Trump may face in persuading the courts that his non-constitutional free speech right to communicate with his millions of followers…”. There’s a very good reason that would be an uphill battle. That’s because the ability to use an online forum is a privilege that is granted to a user based upon their willingness to abide by the terms of service that they agree to when they initially sign up to use the service. Dershowitz is willfully misrepresenting the difference between privileges and rights. In an even more incredibly blazing demonstration of stupidity, Dershowitz, while describing his idea for a limit on Section 230 of the Communications Decency Act of 1996 claims that the government, “…should limit the exemptions only to media platforms that do not censor lawful speech that they deem offensive…”. There’s another huge problem there too. Allowing far-right trolls to run rampant over social media platforms would result in women, minority, LGBTQ+ and liberal users feeling that those platforms are no longer safe or welcoming places to gather online. Because so many far right trolls engage in violent threats and harassment against other users, a condition that those far right trolls must be protected would create a dilemma for companies, which would have to either permit that kind of behavior to proliferate, or risk an endless string of lawsuits from right-wing extremists who were complaining they were “unfairly targeted”, and far-right politicians claiming their supporters were targets of censorship.

Because toxic behavior in online forums that drives out more moderate users and allows extremists to take over control of a social media forum ultimately constitutes a per se taking of the online space, failure to kick out the trolls who are behaving in a toxic manner, harassing other users and making violent threats (the same way you’d kick an angry drunk out of a bar if he was harassing and threatening the other patrons) constitutes an improper seizure of private property (that private property being the online space created by the social media company) and a failure to guarantee equal access to places of public accomodation, and ultimately constitutes Federal sponsorship of content that is immediately contrary to principles laid out in the 13th, 14th, 15th and 19th Amendments. The sponsorship of such toxic ideas, and the driving out of women, minorities and the LGBTQ+ community from online communities would become a gross violation of the 14th and 15th Amendments.

The Federal Government should not be in the business of protecting right-wing extremists who want to use the online space to promote hateful propaganda, sling rape and death threats at women, minorities and the LGBTQ+ community, or use online forums as a place for planning terrorist attacks like the one that occurred on January 6th. Dershowitz arguments are complete nonsense, and have no basis in fact, reason or logic. He would probably even accuse me of trying to “cancel” him because I decided to exercise my right to free speech by pointing out what a ridiculous load of shit his editorial really was.

Created by potrace 1.16, written by Peter Selinger 2001-2019

WATCH LIVE: Orange God Emperor snaps at reporters in France

2 hours ago

Jon “Os(jerk!)off” pretty clever for Trump

4 hours ago

“Incensed by the dissent”

4 hours ago

You can kind of tell why they wanted to hang Mike Pence

15 hours ago

Rick Jackson defeats Trump-endorsed scumbag in Georgia gov primary, Trump-endorsed scumbag Collins takes Senate primary

16 hours ago

Trump needs Modi to help him climb single step

21 hours ago

Regime to allow Iranians to start selling oil immediately

22 hours ago

Jaydee x The View kind of sucked for Jaydee

1 day ago

McDonald’s celebrates America250 by reviving fried apple pies

1 day ago

Taxpayers covering at least $300 million of Trump ballroom costs

1 day ago

“Most of that is basically Iranian propaganda”

1 day ago

Muslim Republican leaves Texas GOP convention in tears

1 day ago

“Dumocrats” propagating Trump capitulation

2 days ago

Fanboy says it’s okay to give Iran money because they took a beating

2 days ago

Newsom says he’s under federal grand jury investigation

2 days ago

Strategic Petroleum Reserve at lowest level since 1983

2 days ago

WATCH LIVE: National embarrassment in Europe for a day or two

2 days ago

Top Israeli official gives a big fuck no to Trump “peace deal”

2 days ago

Regime to send pallets of cash to Iran: Jaydee

2 days ago

Orange God Emperor laments his impotence

2 days ago

Jaydee and Stephen pushed hard for Insurrection Act: NYT

2 days ago

MAGA Congresswoman claims “voter fraud” in next reconciliation

2 days ago

Norwegian Prince Joffrey sentenced to four years for rapes

2 days ago

Trump “hereby fully authorizes” Strait of Hormuz reopening

3 days ago

White House disputes weather forecast reporting as “bullshit”

3 days ago

Team Orange fear Swan/Haberman have tapes from situation room

3 days ago

Birthday loser whines over his best bud ruining the day

3 days ago

Swiss right wing on track to lose population cap referendum

3 days ago

Hahahahaha! Good one Greg!

4 days ago

Regime has to “certify” Trump removal from JFK center by noon

4 days ago

Senate Republicans “assuming” Trump will spend on Paxton

4 days ago

Texas GOP symbol non-symbolically pisses on convention floor

5 days ago

WATCH LIVE: Kennedy Center Denazification underway

5 days ago

Judge taps out of blocking White House UFC fight

5 days ago

White House Axios Secretary Barak Ravid gives Trump-Iran update

5 days ago

“Void” is catchier than “expunge”: Luna’s intra-cranial focus group

5 days ago

Dan Sullivan banned from ballot in Alaska

5 days ago

Orange Tyrant screams at Iranians for “leaking” to “fake news”

5 days ago

Randy Fine laments Ammonites’ rejection of the Orange Yahweh

5 days ago

K$H sics agents on Ohio voter rights organization

5 days ago

“The aluminum chassis, while almost identical, has holes that are machined with a slightly different pattern”: Trump T1 necropsy

5 days ago

Newsmax reports DOGE cutting gay trans fly breeding program

5 days ago

Majority of Evangelicals oppose war in Iran: Reuters/Ipsos poll

5 days ago

Kennedy Center puppet board seeks stay of Trump name removal

5 days ago

Mediocre white guys slapfighting on Twitter again

5 days ago

Regime plans lame duck “expunge” of Trump impeachments: WSJ

6 days ago

“President Donald Trump grew furious this week”

6 days ago

New York Post reports Nazi-curious degenerate unfit for office

6 days ago

Federal judge finds Ken Paxton sued ActBlue to retaliate against them for funding Dem campaigns to public office, tosses case

6 days ago

Mysterious “8647” crop circles appear on National Mall

6 days ago

x
x
x
x
x
x