Posted on 08/22/2018 9:43:43 AM PDT by yesthatjallen
Siding with Twitter, an appellate court has halted white nationalist Jared Taylor's lawsuit alleging he was wrongly banned from the service.
In a decision issued Friday, California's First Appellate District said the Communications Decency Act protects Twitter from liability for decisions about what content to allow on the service.
The appellate court stayed Taylor's lawsuit and sent the matter back to Judge Harold Kahn in San Francisco with instructions to either dismiss Taylor's complaint, or to defend a decision allowing the case to proceed. But the appellate judges made clear that they believe the case should be dismissed outright, writing that Kahn appears to have "erred" in refusing to throw out the case.
The ruling marks the latest turn in a lawsuit filed by Taylor, who alleges he was wrongly discriminated against by Twitter, based on his political views.
Last December, soon after Twitter announced a crackdown on "violent extremist groups," the company permanently suspended Taylor and his publication, American Renaissance. Two months later, Taylor sued Twitter over the bans. He claimed that the account suspensions violated several California laws, including one dealing with unfair business practices.
Twitter asked Kahn to dismiss the case at an early stage under California's anti-SLAPP (strategic litigation against public participation) law, which aims to protect free speech about matters of public importance. Twitter argued that its First Amendment right to decide what content to allow on its platform was threatened by the lawsuit — and that the company has the right to suspend accounts at any time.
During a hearing in June, hearing, Kahn questioned Twitter's lawyer about whether that position was consistent with prior statements by executives who had previously called the company the "free speech wing of the free speech party."
Twitter's position that it can suspend accounts at will may be "unconscionable," or too unfair to be enforceable, added Kahn.
Kahn said during the hearing that he planned to reject Twitter's bid to dismiss the matter. He later issued a formal order allowing the matter to proceed.
Two weeks ago, Twitter asked an appellate court to review Kahn's decision and to stay all proceedings pending appeal. On Friday, the appellate court took the unusual step of granting Twitter's request without first hearing from Taylor.
Santa Clara University law professor Eric Goldman, who first reported on the appellate court's ruling, calls the decision a "powerful win" for Twitter.
He adds the lawsuit, like others brought by people who say they were wrongly shut out of social media platforms -- has "high stakes" for social media platforms and their users.
"The plaintiffs seek to eliminate Twitter’s discretion to shut down purveyors of anti-social content, and other trolls, on its site," he writes. "If Twitter and other social-media providers are defenseless against the trolls, their services will become unusable overnight. So this lawsuit and related suits are existential battles for the social-media defendants and all of us who currently enjoy those services."
Earlier this year, a different judge -- Kimberly Gaab in Fresno County -- threw out a lawsuit against Twitter by right-wing activist Charles Johnson, who was banned from the service in 2015. Gaab said in a "tentative ruling" that Twitter has the right to decide what speech to allow on its platform.
More evidence that the right wing needs to build their own platforms.
White Nationalism isn’t Right Wing. Don’t feed the Left’s nonsense machine.
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There is no “White Nationalism!”
Nationalism knows no racial bopundaries.
This is just another Fascist scam by our fascist toads at “Antifa.”
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>> “More evidence that the right wing needs to build their own platforms.” <<
MAGA!
Is there anything more to add?
Why do I have a feeling that you live in a very white neighborhood?
“Twitter asked Kahn to dismiss the case at an early stage under California’s anti-SLAPP (strategic litigation against public participation) law, which aims to protect free speech about matters of public importance.”
The precise opposite of the intent of the law. That law was designed to protect from people trying to SUPPRESS free speech, not those who want to shut it down.
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Why do we all see that you are a race baiter?
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Only you can answer that question.
Because you’re hypocrites?
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You’re quite a sick little race baiting puppy.
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He answered it by asking it!
He clearly sees race as a Democrat sees it.
“You’re quite a sick little race baiting puppy.”
Yes, and by the looks of it, I caught myself a nice plump little hypocrite that keeps chomping down on that bait..
I know ... the truth hurts.
You’re not a white nationalist, just a white neighboralist.
And so am I. But god forbid that you should be honest with yourself. Why do you find it so repugnant to admit to yourself what you are actually doing - preferring to live with your own kind, just like blacks prefer to live with theirs?
It doesn’t mean that you hate blacks, it only means you find it more comfortable and at ease living with people like you, just like most blacks or other races do living with people like themselves.
It’s simple freedom of association. If blacks or asians want to have their own country, that’s their prerogative and right. But that right should be extended to whites as well. And also to people who want to live in a racially mixed society. That is diversity I would gladly get behind.
“Only you can answer that question.”
OK, I’ll give it a shot...
I think it’s because you do. Am I close?
And I have some good news for you - IT’S OK! Even if you have a tinge of guilt about it.
Hereby, I personally absolve you of any such guilt, and I give you permission to shout to the world what you are doing, which is “I DON’T HATE ANYBODY, I JUST PREFER LIVING WITH PEOPLE LIKE ME”.
The smart bet is that you haven’t the faintest idea who Jared Taylor is and have never read a word that he has written. Otherwise you would know better than to act as a useful idiot for twitter and the California Court of Appeals.
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>> “Yes, and by the looks of it, I caught myself a nice plump little hypocrite that keeps chomping down on that bait.” <<
Yet you remain the only one posting racial crapola!
You are a deeply damned racist!
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“You are a deeply damned racist!”
Oh, now I’m devastated. how can I ever recover?
You do realize you’re sinking into the most depraved liberal depth throwing stones around like that. And there I thought you were a good Christian.
I guess it was too big a shock for your system when I put a mirror in front of you, and instead of a bright white halo on top of your head, you saw a big H, for hypocrite, on your forehead!
But it’s not a terminal condition. You can recover from that by simply admitting the truth - that you prefer the company of whites, AND that that is OK! Just trying to help out...
I’m curious, though, how many blacks are members of your church?
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No, I’m describing your posts to this thread.
You are a racist at heart, or you wouldn’t have made your race-baiting comments.
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