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Re:Judge Refuses to Allow Sale of Infowars to The Onion by latexr on Wednesday December 11, 2024 @07:37AM (#42387129)
> This is dangerously close to making the penalty the loss of his first amendment rights.

It’s fascinating (and worrying) how the people who cry the loudest about the first amendment are the ones who least understand it. The right to free speech doesn’t mean you can say literally anything without consequences. If you’re a deliberate liar who provably lies to profit and harm others, you can and should be punished.

I’m reminded of the Twitter engineer who said “Twitter wants to censor bullying and harassment, and the idea of free speech is that you can bully and harass people”. No dude, not it’s not.

https://en.wikipedia.org/wiki/United_States_free_speech_exce...

Re:Judge Refuses to Allow Sale of Infowars to The Onion by a-french-anon on Wednesday December 11, 2024 @08:12AM (#42387361)
> The right to free speech doesn’t mean you can say literally anything without consequences. If you’re a deliberate liar who provably lies to profit and harm others, you can and should be punished.

Right, and how do you obtain that "proof of deliberateness"? Or measure that non-physical harm in a way that doesn't give power to people who just don't like what you're saying (possibly the truth)?

Most people in favour of free speech already know about libel and defamation, you're just trying to muddy the waters here.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by CJefferson on Wednesday December 11, 2024 @08:24AM (#42387437)
You obtain it through a court, exactly had happened here. Jones as a deliberate lair, who has ruined the lives of dozens of people who had already had the most terrible thing happen to them -- the murder of a child.
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Re:Judge Refuses to Allow Sale of Infowars to The Onion by mountainriver on Wednesday December 11, 2024 @09:20AM (#42387919)
Wow go read the stories of the parents who dealt with this and think about who you are defending
Re:Judge Refuses to Allow Sale of Infowars to The Onion by capybaraStorm on Wednesday December 11, 2024 @05:04PM (#42393517)
Whether their stories about what they dealt with are true or not, they have incredible incentive to make sure they present such dealings as worth a billion dollars. You can't put a price on human life, but if you could surely those children are worth a billion and more, so they just took the money from Jones (the nearest lying person they hated) instead of the broke murderer.

Bernhard Gaetz famously said (accurately) the victims family never got a dime from him after the lawsuit. It's quite likely similar will be said from Jones, although they can take the scraps of Infowars which is worth very little without their star loon. They are grasping at straws while being yanked around by attorneys, while the brutal truth is the real enemy that murdered their children is in a grave and they will never be able to truly dish out justice to him while they flail around looking for it elsewhere.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by CJefferson on Wednesday December 11, 2024 @10:02PM (#42395787)
I think Jones hurt them more than the murderer.

People do have their children murdered, and it's terrible, but they often go on with their lives.

Because of Jones, these parents were harrassed for years, forced to move home and go into hiding. Yes, it wasn't Jones doing the harrassing directly, but he was the one accussing them of being actors for years.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by capybaraStorm on Thursday December 12, 2024 @05:18PM (#42404008)
I don't at all agree with what Jones said. I find it disgusting. But you should take a look at some of the videos of the parents. There is one, where the dad is laughing and smiling and suddenly goes up to the microphone and switches to sad dad mode.

Now being a thinking, somewhat empathetic human being I understand people handle grief differently. I don't think he was an actor. But I understand why he might be viewed that way. It seems insane to me that somehow it was lawfared that Jone's real interpretation that it looked like acting to him (it looked like acting to me, but I know it wasn't and those kids really were killed) and somehow it is his fault that he is liable for harrassment others do under the flag of agreeing with Jones' take. That has an incredibly chilling effect on speech.

Jones did lose the civil case but it was a weird one, in the right venue, at the right time, in the worst possible light, and with pretty bad representation both of himself and spotty counsel. It's not something to look at to rest your hat on for how these things will continue to be interpreted in the future.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by CJefferson on Thursday December 12, 2024 @07:58PM (#42405019)
I do not find it credible to jump from one person showing a happy emotion at a stressful time, which happens in the real world all the time, to “this whole thing was the biggest setup of all time, a dozen children are fake, there are no bodies buried in the ground, but no one will admit it out of the hundreds who must have been involved”, and then to continue that, with no concrete evidence, for years and years (Jones will say he mentioned this once or twice. That is a clear lie with obvious evidence against it, we have the tapes proving it).

Again, if he’d said this once, or even a couple of times, we wouldn’t be here now. If jones could have provided any reasonable evidence to back up his claims, we wouldn’t be here now.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by capybaraStorm on Thursday December 12, 2024 @08:44PM (#42405272)
No I don't find it credible. I do find it credible that Jones would latch on to it out of reasons devoid of personal malice, and that even if he thought it wasn't true he would still be incapable of anything other than obsessing the anti-viewpoint presented by the government, if you know anything about the guy.

It is important people like Jones exist, even if what they spout almost all the time is vicious lies that nutjobs cite to harass people. Someone needs to bear the banner of the conspiracy angle, and drum up whatever evidence they can find.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by akira2501 on Thursday December 12, 2024 @05:52AM (#42398113)
> exactly had happened here

It actually wasn't. The case was decided on a default in discovery and no facts were ever tried. Then the separate penalty trial was started immediately afterwards. The judgement is being appealed, but in Texas, you can collect anyways. If the appeal is successful, then the claimants may have to pay any difference back, or reduce the total amount they can expect to receive from escrow.

I really don't think people appreciate the precedents involved here. Including that one of the claimants is was an active FBI agent at the time and was suing over claims involving his job performance which has never been done before.

> Jones as a deliberate lair

Well, it could be that he actually believes what he says, if so, what exactly should happen then? This was never heard by a jury or judged on those merits.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by moomin on Wednesday December 11, 2024 @08:24AM (#42387439)
I feel like if this is your position, you should make it clear you’re not talking about the first amendment here, which is subject to interpretation by US courts. I’m not sure how you would do this succinctly though. Maybe “Unamerican Free Speech”?
Re:Judge Refuses to Allow Sale of Infowars to The Onion by jmull on Wednesday December 11, 2024 @09:00AM (#42387739)
> Right, and how do you obtain that "proof of deliberateness"? Or measure that non-physical harm in a way that doesn't give power to people who just don't like what you're saying (possibly the truth)?

If only there were a system of formal rules and a process where evidence is presented by highly trained and experienced experts, presided over by an impartial arbiter, with deliberation, established precedent, a system of appeals, and if only that system had been used here.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by skywhopper on Wednesday December 11, 2024 @09:17AM (#42387886)
There’s a long history of law and court cases that have set the rules for making this determination. Do you think this is the first such case in history, that no one has thought of this before? These sorts of laws go back thousands of years in general and hundreds of years specifically in the US. You are not some super genius who just realized it’s hard to figure out if people are intentionally lying. That part of the case is long over with here.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by logicchains on Wednesday December 11, 2024 @08:29AM (#42387465)
>If you’re a deliberate liar who provably lies to profit and harm others, you can and should be punished.

The first amendment absolutely gives you the right to lie, and the right to profit from that lying if you're not explicitly committing fraud or defaming anyone. You may disagree with it, but that's what the law is.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by JamesSwift on Wednesday December 11, 2024 @08:39AM (#42387560)
Well I hate to break it to you but profiting by lying is the definition of fraud. In general if someone is impacted by your actions you are open to legal ramifications.

https://www.law.cornell.edu/wex/fraud

Re:Judge Refuses to Allow Sale of Infowars to The Onion by commandlinefan on Wednesday December 11, 2024 @12:27PM (#42390261)
That's incredibly pedantic. What Alex Jones engaged in was nothing remotely like "fraud". The poster you're replying to is correct, the first amendment does protect "liars".
Re:Judge Refuses to Allow Sale of Infowars to The Onion by vel0city on Wednesday December 11, 2024 @10:12AM (#42388511)
Have you really never heard of perjury or fraud before?

You don't have a right to lie.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by the_optimist on Wednesday December 11, 2024 @12:46PM (#42390485)
Both of these concepts are specifically defined in law, whereas “lie” is not. You are made of marshmallows! Sue me.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by vel0city on Wednesday December 11, 2024 @01:03PM (#42390723)
> You are made of marshmallows!

This is defamation, which is also against the law. However, the damages here are incredibly minor, and thus not worth punishing. Most people probably don't believe you.

However, if I made a lie about you that caused you to lose your employment and become unhireable, is that also protected speech?

You don't have a right to harm others with lies. You don't have a right to lie.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by the_optimist on Thursday December 12, 2024 @03:46PM (#42403163)
There is no evidence that being made of marshmallows is damaging to one’s reputation, and thus this would not necessarily be classified as defamatory. The law requires proven damage. The details are tricky.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by vel0city on Thursday December 12, 2024 @10:28PM (#42405702)
> The law requires proven damage

I'm aware. That's why I mentioned it. There's no remediation if there's no damages.

If I'm made of marshmallows I'm not human and not eligible for health insurance. If my insurer believes your claim which is a reckless disregard for the truth and I'm denied coverage, you're liable. If my wife leaves me because she didn't want to marry a marshmallow and causes massive legal damages and emotional harms you're liable for defamation.

It's like you're arguing you have the right to punch. Like, sure, swing your arms wherever. But your right to swing your arms ends at the tip of my nose.

You don't have a right to lie about me.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by the_optimist on Friday December 13, 2024 @11:02AM (#42409748)
You seem to have the concepts logically inverted. Mistruth is necessary for defamation but not sufficient. You are quite certainly allowed to lie, generally. You are even allowed to lie about me, and there is no exemption to the recognition of God-granted freedoms for it in the US.

However, there are very specific exceptions. You are not allowed to lie under oath. You are not allowed to defraud. You are not allowed to defame. Those states are each defined separate and apart from “lying,” which is freely permissible.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by skywhopper on Wednesday December 11, 2024 @09:17AM (#42387895)
You really should read up on these things before you make statements like this.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by kiba on Wednesday December 11, 2024 @08:40AM (#42387566)
Defamation is basically lying about someone to damage their reputation. So I don't think that the first amendment gives you the right to lie?

Also, doctors and lawyers are subjected to discipline by their respective guild. So even if it's your right to say bullshit, you might lose your job and license.

Arguably, there's no to little consequence of being a nobody and lying about something like autism and vaccine. It's probably isn't worth the effort to sue folks. That said, misinformation is clearly harmful and we shouldn't let people lie unchecked.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by dublin on Wednesday December 11, 2024 @11:50AM (#42389740)
Yeah, that self-policing guild discipline by doctors and lawyers has really worked out well, hasn't it?
Re:Judge Refuses to Allow Sale of Infowars to The Onion by thatcat on Wednesday December 11, 2024 @08:29AM (#42387468)
The media is routinely used for psyops to bully people into certain policies for profit using known lies with no accountability, either all media companies should be held accountable for this or none should.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by jeltz on Wednesday December 11, 2024 @08:48AM (#42387639)
I am totally fine with holding all media accountable.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by thatcat on Wednesday December 11, 2024 @09:47AM (#42388217)
If the Judaical system enforces content regulation selectively, that is objectively worse than pure free speech since it encourages propaganda AND suppresses dissent of that propaganda. Also no one cares what you're ok with, go report some facebook posts if you want to feel like an idea authority.
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Re:Judge Refuses to Allow Sale of Infowars to The Onion by zztop44 on Wednesday December 11, 2024 @08:54AM (#42387691)
Most people who have this opinion going in tend to change it when the learn the particulars of the case. Jones absolutely knew he was lying, he did it deliberately, the lies caused incredible real world harm, he knew they were causing harm and he kept doing it because that’s his business model and that’s how he gets rich.
Re:Judge Refuses to Allow Sale of Infowars to The Onion by nilamo on Wednesday December 11, 2024 @08:40AM (#42387565)
And the death threats those people have been living with for decades because of Jones? That's just acceptable and normal to you?

The amount of whataboutism and history rewriting going on in these comments is impressive

Re:Judge Refuses to Allow Sale of Infowars to The Onion by pookha on Wednesday December 11, 2024 @10:14AM (#42388554)
You're stretching it. In the US the government can't arrest for causing offense to someone specifically because of the 1st amendment...You can get sued for libel (very high bar and it's notoriously difficult in the US) but you're not going to be rounded up and put into a corrections facility for being offensive.

This is the perfect illustration of the first amendment in the US vs the UK. In the UK a violent Maoist (red guard-like) police mob went after teenager for causing offense: https://www.dailymail.co.uk/news/article-12399911/Revealed-M...

Re:Judge Refuses to Allow Sale of Infowars to The Onion by latexr on Wednesday December 11, 2024 @11:21AM (#42389350)
> for being offensive.

The Sandy Hook parents received death threats for years because of him. That’s not “being offensive”, it’s tormenting people and putting their lives in peril.

https://archive.ph/20221013141353/https://www.nytimes.com/20...

Re:Judge Refuses to Allow Sale of Infowars to The Onion by zer8k on Wednesday December 11, 2024 @11:53AM (#42389785)
The left wing seems to want free speech for me but not for thee.

If this trial went all the way through it seems only proper to sue MSNBC and CNN for several billion. We can directly tie the assassination attempts on a former sitting president to their violent rhetoric. They have literally used terms such as “kill”. Twitch streamers should similarly be bankrupted for even more violent rhetoric.

Fact of the matter is I am unaware of any case Jones called for this behavior. If you say something and a crowd interprets it differently that is covered by the first amendment. This isn’t a “fire in a theater” situation this is trying to use a relatively unliked character to get your foot in the door for widespread censorship.

It’s good for everyone that this didn’t go through. If you want to persecute someone go directly to the people making the threats and make an example of them. This is already illegal. Jones case was yet another left wing lawfare battle in a long war to establish completely censorship of wrongthink under the banner of “fact checkers” and “misinformation”.

The sandy hook promise people are professional lawfare soldiers. They’ve also found an end around to killing the 2nd amendment - suing gun companies into the ground. Much like BLM we aren’t allowed to ask any questions about it.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by roland35 on Wednesday December 11, 2024 @12:39PM (#42390395)
Dude you are uninformed! Jones profited off the sandy hook families, elevated people like halzig, and accused the parents of being crisis actors which directly led to harassment. Jones is the one with the platform spreading these lies and that is why he got sued.

Also he certainly may have won the defamation cases against him. Too bad he totally made a joke of the process which led to the default judgement. Maybe he thought providing the discovery info was worse?

Listen to his depositions yourself if you don't believe me. Jones is a sociopath.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by buttercraft on Wednesday December 11, 2024 @12:55PM (#42390619)
FFS, nobody is stopping him from speaking! He's being held accountable for his own words. You have it completely backwards: this is Free Speech in action.
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Re:Judge Refuses to Allow Sale of Infowars to The Onion by latexr on Wednesday December 11, 2024 @01:02PM (#42390705)
If someone started a rumour that “the_optimist on HN sleeps with seventeen goats every Thursday” and you started getting calls of people saying “you’re a pervert for sleeping with seventeen goats”, it would be quite obvious what motivated the call, would it not?

Before calling something impossible, consider the bare minimum effort to skim the linked article, or read any article on this subject. It is in fact quite trivial and provable.

Re:Judge Refuses to Allow Sale of Infowars to The Onion by the_optimist on Wednesday December 11, 2024 @06:57PM (#42394508)
Your hypothetical is neither trivial nor provable.

How does one identify the “first mover”? How does one identify the integrity of the “calls”? What if the calls are a single caller represented separately? What if the calls are falsely represented by motive?

What if I, in fact, have today received 400 calls on the matter you have stated? Am I eligible to sue you?

Re:Judge Refuses to Allow Sale of Infowars to The Onion by the_optimist on Thursday December 12, 2024 @03:42PM (#42403127)
How can you prove that the person sending a death threat was specifically motivated by a specific, broad act of speech? This is an impossible, unenforceable premise. It has no basis in law either in theory or practice.

Example lines of inquiry: How does one identify the “first mover”? How does one identify the integrity of the “calls”? What if the calls are a single caller represented separately? What if the calls are falsely represented by motive?

Re:Judge Refuses to Allow Sale of Infowars to The Onion by akira2501 on Wednesday December 11, 2024 @02:29PM (#42391754)
> are the ones who least understand it.

It's horrifying to me that when people don't like a defendant they're willing to justify almost any reduction of that person's rights in an effort to see them "punished."

> you can and should be punished.

This is a civil case. Why should he be "punished?" Shouldn't he just have to pay a settlement? Why is a billion dollars a reasonable penalty for his actions? Why must he necessarily sell his platform when the platform will make the most money staying in Jones' control? Why is it important to the victims in this case to ensure that a specific owner controls these assets?

> I’m reminded of the Twitter engineer who said

Okay, does that have any bearing on this particular case, or it's details?