Re:The Twitter Files, Part Six
by emmelaich on Saturday December 17, 2022 @07:49AM
(#34027312)
https://en.wikipedia.org/wiki/Penumbra_(law)
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Re:The Twitter Files, Part Six
by notacoward on Saturday December 17, 2022 @09:02AM
(#34027805)
Oh, you mean the doctrine that is openly vilified by the "originalist" majority of the US Supreme Court? Not that consistency is their strong point or anything, but maybe that's not the authoritative answer you thought it was.
Re:The Twitter Files, Part Six
by TeeMassive on Saturday December 17, 2022 @09:19AM
(#34027956)
And your point is?
Re:The Twitter Files, Part Six
by notacoward on Saturday December 17, 2022 @09:39AM
(#34028085)
Clearly if you read the context, that GP's invocation of the "penumbra" doctrine to suggest that the first amendment covers Twitter's actions is weak. It does not, even when there's a connection to reports from a government agency. There are other arguments for why Twitter's actions were wrong, but that one just doesn't work in the context of how the constitution is currently being interpreted. It was dropped in as a one-line slam dunk, but is really anything but.
Actually, I just thought it was a useful concept for anyone arguing about the literal meaning of the constitution. Wasn't especially arguing for either side.
Though having the FBI and Twitter policy people being in such close communication must be eyebrow raising at least. And it a little bizarre honestly.