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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNew Trump lawsuit says Facebook is a state actor, bound by the First Amendment.
Link to tweet
PSA on First Amendment
Ocelot II
(116,080 posts)Not that he deserves more than minimum wage for it.
LetMyPeopleVote
(146,137 posts)Ocelot II
(116,080 posts)These days he can get only indecent ones.
LetMyPeopleVote
(146,137 posts)This does not look like a good contingent fee case to me. It is a class action which puts some pressure to get a settlement. There is no state actor here and this case should not survive a motion to dismiss
Ocelot II
(116,080 posts)The requirements for class certification are difficult to meet:
Furthermore, in addition to the numerosity, commonality, typicality and adequacy of representation requirements of Rule 23(a), the district court must make at least one of the following findings: (1) requiring separate actions by or against the class members would create the risk of inconsistent rulings, or that a ruling with respect to individual class members may be dispositive of other class member claims thereby substantially impair[ing] or imped[ing] their ability to protect their interests; (2) the party against whom the class seeks relief has acted or refused to act on grounds generally applicable to the class so that injunctive or declaratory relief as to the entire class would be appropriate; or (3) common questions of law or fact common predominate over class member specific questions, and that proceeding by way of class action would be superior to other available methods for resolving the dispute. FRCP, Rule 23(b).
The only reason he's calling this a class action is to get people to sign up to be members of the class so he can dun them for contributions. The certification motion will fail but the grift will continue.
LetMyPeopleVote
(146,137 posts)I agree with Steve Benen
Link to tweet
So why bother? Why go through the motions with a misguided public-relations stunt, rooted entirely in dubious claims and conspiracy theories that don't make any sense?
There's no great mystery here: "Before Mr. Trump was done speaking, both the National Republican Congressional Committee and the National Republican Senatorial Committee had sent text messages about the lawsuit and asked for contributions. Mr. Trump's political action committee sent its own solicitation shortly after the event ended. 'Donate NOW,' it said."
I don't doubt that many will fall for this. Republican voters who've been conditioned to believe that Twitter and Facebook are big meanies toward conservatives will likely grab their credit cards to show their support for Trump and this pointless exercise.
But that doesn't mean this lawsuit has merit; it means the opposite
Ocelot II
(116,080 posts)rickford66
(5,538 posts)Start planting the bananas.
ScratchCat
(2,034 posts)No attorney came up with that laugh riot unless it was meant in jest.
ck4829
(35,099 posts)dawg day
(7,947 posts)Where does Trump find these attorneys?
Oh, right, remember the big-dck toilet attorney he put in as ACTING AG. That's the sort of lawyer who will work with him.
mahatmakanejeeves
(57,838 posts)Last edited Wed Jul 7, 2021, 12:55 PM - Edit history (1)
give that a two-word response?
{edited to change "Why" to "What" in title}
LetMyPeopleVote
(146,137 posts)It may that this is a contingent fee case. If so, this is a long shot. I know some of the lawyers who did the Texas tobacco case and they are not part of this lawsuit.
Link to tweet
RainCaster
(10,975 posts)NCDem47
(2,258 posts)And just because he cant screech from it now, its a problem?
lagomorph777
(30,613 posts)But the Russian state is not bound by the First Amendment.
malaise
(269,454 posts)muriel_volestrangler
(101,432 posts)"In what constitution universe can it be the case that Trump wasn't a state actor when he blocked critics from his social media accounts but the social media companies were state actors when they blocked him?"
jmowreader
(50,609 posts)Freedom of the press is only guaranteed to those who own one.
Everyone who joins a social media service agrees to its terms of service. Facebook, Twitter, Instagram et al allowed Trump to violate the TOS with impunity because they considered it important for their users to hear from their president
but now that hes not president, he has to behave. Since he cant, off he goes.
LetMyPeopleVote
(146,137 posts)monkeyman1
(5,109 posts)Yavin4
(35,455 posts)So that they can beat lawyers over the head with it when they waste their time with bullshit like this.
KS Toronado
(17,523 posts)Qrump will accuse the Judge of something, and the next thing we hear is that the Judge
is getting death threats for being disloyal.
Colgate 64
(14,732 posts)who 1) is a real lawyer and 2) has passed the Bar exam.
WarGamer
(12,530 posts)Clarence Thomas Is Begging Someone to Sue Over Conservatives Most-Hated Internet Law
I suggest reading the article, you'll better understand what's going on.