Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘free speech’

Texas Banana Republican Senator Ted Cruz is a Hypocrite of the First Order

Posted by Warm Southern Breeze on Monday, January 18, 2021

And a dipshit, too.

Jack Dorsey could’ve shut him – and every other Banana Republican – up with the following phrase:

Manhattan Community Access Corp. et al. v. Halleck et al.

What’s that?

For the ignorant – and, that’s most people – it’s a SCOTUS ruling handed down June 17, 2019 that ruled that, “The Free Speech Clause of the First Amendment prohibits only governmental, not private, abridgment of speech.”

In other words, Censorship laws DO NOT apply to the Private Sector.

Repeating:

Anti-Censorship Laws DO NOT Apply To Private Enterprise.

Thank the so-called “conservative” Supremes who handed down that ruling. They are: KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and GORSUCH, JJ., joined.

So, Mr. Dorsey, and every other private company does NOT have to abide by anti-censorship laws.

Furthermore, what in the hell is Ted Cruz doing meddling, trying to tell Twitter how to run their business? That jacked-up twat probably doesn’t even own one share of Twitter.

What fucking hypocrite that son-of-a-bitch is!

I’d have loved to have seen Mr. Dorsey ask Cruz that question – “Are you telling me how to run my business?” – and follow it up with this one:
“Exactly what laws are you accusing me, and/or my company, of breaking?”

Of course, the obvious answer is ‘none.’

And remember: This is Political Theater for Banana Republican Ted Cruz, who feigns not-so-righteous indignation on behalf of those who would vote for him in future elections, Presidential, or not. And chances are, we’ll see that Texas turd make a Presidential run for the border in 2024.


The entire Committee hearing may be viewed on C-SPAN via the following link:
https://www.c-span.org/video/?476686-1/social-media-content-moderation

Before the Senate Senate Commerce, Science and Transportation Committee, Wednesday, 28 October 2020 (excerpted)

Senator Ted Cruz, R-TX: I have concerns about behavior — the behavior of both of their companies. Facebook is Read the rest of this entry »

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Anti-Censorship Laws DO NOT Apply To Private Enterprise

Posted by Warm Southern Breeze on Tuesday, January 12, 2021

For all the hoopla being raised by Banana Republicans parading as GOP types, including the Loser in Chief, about the decision Twitter made to cut him (and others) off from their private non-governmental service, and who are calling it “censorship,” the United States Supreme Court has some news for you:

Censorship laws DO NOT apply to the Private Sector.

Period.

If you don’t like it, take it up with those who decided it: KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and GORSUCH, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which GINSBURG, BREYER, and KAGAN, JJ., joined.

The case was Argued February 25, 2019 — Decided June 17, 2019, and named Manhattan Community Access Corp. et al. v. Halleck et al.

In a Certiorari to The United States Court Of Appeals For The Second Circuit, No. 17–1702, the court ruled that “The Free Speech Clause of the First Amendment prohibits only governmental, not private, abridgment of speech,” and held that MNN (private nonprofit corporation, petitioner Manhattan Neighborhood Network (MNN)) was not a state actor subject to the First Amendment.

The court wrote further, that, “A private entity may qualify as a state actor when, as relevant here, the entity exercises “powers traditionally exclusively re-served to the State.” The precedent for that decision was rendered in the case Jackson v. Metropolitan Edison Co., 419 U. S. 345, 352.

“The Court has stressed that “very few” functions fall into that category. Flagg Bros., Inc. v. Brooks, 436 U. S. 149, 158.”

In the decision, the court wrote in part that,

“Under the state-action doctrine as it has been articulated and applied by our precedents, we conclude that operation of public access channels on a cable system is not a traditional, exclusive public function. Moreover, a private entity such as MNN who opens its property for speech by others is not transformed by that fact alone into a state actor. In operating the public access channels, MNN is a private actor, not a state actor, and MNN therefore is not subject to First Amendment constraints on its editorial discretion. We reverse in relevant part the judgment of the Second Circuit, and we remand the case for further proceedings consistent with this opinion.”

The background facts of the case which formed the basis of the suit are fairly straight-forward, and reads as follows:

“DeeDee Halleck and Jesus Papoleto Melendez produced public access programming in Manhattan. They made a film about MNN’s alleged neglect of the East Harlem community. Halleck submitted the film to MNN for airing on MNN’s public access channels, and MNN later televised the film. Afterwards, MNN fielded multiple complaints about the film’s content. In response, MNN temporarily suspended Halleck from using the public access channels. Halleck and Melendez soon became embroiled in another dispute with MNN staff. In the wake of that dispute, MNN ultimately suspended Halleck and Melendez from all MNN services and facilities. Halleck and Melendez then sued MNN, among other parties, in Federal District Court. The two producers claimed that MNN violated their First Amendment free-speech rights when MNN restricted their access to the public access channels because of the content of their film.

“MNN moved to dismiss the producers’ First Amendment claim on the ground that MNN is not a state actor and therefore is not subject to First Amendment restrictions on its editorial discretion. The District Court agreed with MNN and dismissed the producers’ First Amendment claim.

“The Second Circuit reversed in relevant part. 882 F. 3d 300, 308 (2018). In the majority opinion authored by Judge Newman and joined by Judge Lohier, the court stated that the public access channels in Manhattan are a public forum for purposes of the First Amendment. Reasoning that “public forums are usually operated by governments,” the court concluded that MNN is a state actor subject to First Amendment constraints. Id., at 306–307. Judge Lohier added a concurring opinion, explaining that MNN also qualifies as a state actor for the independent reason that “New York City delegated to MNN the traditionally public function of administering and regulating speech in the public forum of Manhattan’s public access channels.” Id., at 309.

“Judge Jacobs dissented in relevant part, opining that MNN is not a state actor. He reasoned that a private entity’s operation of an open forum for speakers does not render the host entity a state actor. Judge Jacobs further stated that the operation of public access channels is not a traditional, exclusive public function.

“We granted certiorari to resolve disagreement among the Courts of Appeals on the question whether private operators of public access cable channels are state actors subject to the First Amendment. 586 U. S. __ (2018). Compare 882 F. 3d 300 (case below), with Wilcher v. Akron, 498 F. 3d 516 (CA6 2007); and Alliance for Community Media v. FCC, 56 F. 3d 105 (CADC 1995).”

Certiorari [pronounced “sir-sha-rar-ee”] is a writ [a written order issued by a court] seeking review of a lower court decision by a higher court.

The court wrote also that, Read the rest of this entry »

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The SCOTUS gets FUCT – but not FCUK – for a day.

Posted by Warm Southern Breeze on Sunday, April 21, 2019

And based upon the outcome, we could get fuct for a lifetime.

Think about it…

Only 5ive people decide the fate of a nation with very nearly 329,000,000 people – which is the 3rd most populous nation on Earth.

5ive.

Just 5ive Justices, that is, who are appointed to life-time jobs – which, when first written, was NOT in the clause which states in Article III Section 1. that “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

When the SCOTUS (Supreme Court of the United States) was formed by the Constitution in Article III, and after the first U.S. Census was taken in 1790, there were found to be 3,929,214 people in this land.

Fast forward 230 years.

In 2017, New York City’s estimated population was 8,622,698.
Los Angeles’ estimate was 3,999,759.

Chicago’s was 2,716,450.
Houston’s was 2,312,717.

Phoenix’ was 1,626,078.
Philadelphia was 1,580,863.
San Antonio was 1,511,946.

San Diego was 1,419,516.
Dallas was 1,341,075.
San Jose was 1,035,317.

So perhaps you’re beginning to get the point – and now you Read the rest of this entry »

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NJ authorities: 16 year old boy punked Wal-Martians

Posted by Warm Southern Breeze on Sunday, March 21, 2010

A 16-year old boy in southern New Jersey’s Washington Township accused of punking Wal-Mart shoppers in that town has been arrested and released into his parents’ custody.

Police said he used one of the courtesy phones, to calmly announce “Attention, Wal-Mart customers: All Black people, leave the store now,” was charged with harassment and bias intimidation, and were not aware if he had an attorney.

Gloucester County Prosecutor Sean Dalton said …Continue…

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