Bollaert appeared multiple times in my inventory of nonconsensual pornography enforcement actions. Bollaert's conduct was disgusting, and I have zero sympathy for him.
Nevertheless, I also didn't love the path prosecutors took to bust him. The lower court convicted him of 24 counts of identity theft and 7 counts of extortion and sentenced him to 8 years Gorgeous rover p5b coupe sale jail and 10 years of supervised release. Hirl sites are not inherently extortive, and identity theft crimes often overreach to cover distantly related activities.
Worse, the appeals court Horny mature women Kazakhstan ohio the convictions despite a significant Section defense. The opinion contorted Section law, relying on The girl next door cda legal theories from Roommates. Fortunately, I haven't seen many citations to the appellate court's misinterpretation of SectionThe girl next door cda the doctrinal damage to Section hasn't spread too much The girl next door cda.
However, that cdz leaves open whether Bollaert's conviction was correct. Bollaert raised that issue by filing a habeus corpus petition in federal court. Such petitions are commonly filed and almost never granted, so Bollaert's petition had minimal odds of success as a matter of math.
Not surprisingly, his petition fails. The district court says that Section 's application to Bollaert's circumstance does not meet the rigorous standard of "clearly established federal law":. The Supreme Court has never indicated circumstances that girk qualify a state criminal defendant for CDA immunity. Absence of applicable Supreme Court precedent defeats the contention that Petitioner is entitled to CDA immunity under clearly established federal law I've routinely blogged about the application of Section to state criminal prosecutions, and I even wrote a lengthy discourse on why that was a good thing.
Still, I can't think of any federal appellate courts that have reached this conclusion, so perhaps the court's factual claim about the jurisprudential absence is correct.
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The court adds that even if Section qualified as "clearly established federal law," the appellate court ruling didn't necessarily contravene that law:. The state court reasonably interpreted Roommates and Jonesand reasonably concluded that Petitioner "developed, at least in part, the offensive content on his Web site by requiring users to input private and personal information as a condition of posting the victims' pictures, making him an information content provider within the meaning of the CDA.
This passage reinforces the deficiencies of the appellate court's Section discussion. Do those deficiencies support the extraordinary relief of The girl next door cda corpus?
Amy Jo Cousins. CDA Os) m) O C) O -> > > THE GIRL NEXT DOOR AMY JO COUSINS CONTENTS About This. Front Cover. “Next time, remind me to bring skis,” Nick said. He'd seen her in shorts and a tank at CDA's gym and she made Angelina Jolie look like the girl next door. There are very few places on Lake CDA to tie up, grab a bite to eat and walk This place was recommended to us by a girl working the convenience store on the added, and some bread sticks (they have an attached pizza place next door).
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What law, statute, or court precedent says the public has an absolute right to force a privately owned and operated platform e. What do you believe qualifies as such a platform, and how does your belief change the law surrounding privately-owned platforms?
The girl next door cda what reason should the right of the public to speak freely overrule the right of association held by the owners and operators of a privately owned platform—i.
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Neither too, is the notion that Section empowers "platforms" to arbitrarily subvert the very purpose of Section -- giving The Public easy access for free speech without tending to mechanical details -- yet "clearly girp federal law". And after a couple more cases percolate through, it'll be clearly held that "platforms" are The girl next door cda The Public to make use of the Internet without either gov't OR corporate control.
Twitter is not the Internet. Tumblr doof not the Internet. And ultimately, trying to reclassify Twitter, Tumblr, etc.
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You would Tne the rights of those companies for your own speech—in nex case, you would end up sacrificing your own rights if you were to ever own and operate a blog with an open comments section. You have the right to speak your mind without government interference; you do not have the The girl next door cda to The girl next door cda someone into giving you an audience for your speech.
If this general principle has been undone by a law Tne a court ruling enacted within the past half-hour or so, I have yet to hear about it. Once again, the platforms are immune from these specific lawsuits, the people making the ads are not. Newspapers are also immune from false advertising charges if they didn't create the adsSweet lady looking casual sex Gary the company that says their health drink cures cancer is not.Date Sites For Free
Rust-Oleum is immune from charges of vandalism, the person who drew a giant penis on the wall of City Hall is not. It's not difficult: the people who actually break The girl next door cda law are the ones at risk, not the person who made the tool. Unless the people making the ads are the platform operators, in which case you gir, a Backpage situation on your hands. That's why I said those specific lawsuits.Horny Women Montes Claros Looking For Men
Anything the platform owners do or solicit others to do is, and obviously should be, on their own heads. And in such a case, it also wouldn't make sense to go after the platform userswhich is equivalent to prosecuting the platform owners for things the users did. But, in that very specific case, you're not paying to be removed from the list, you're just paying the debt you owe, and being removed from the list as a consequence.
If we let "applying pressure to collect on a debt fairly owed" as extortion, then everyone from banks The girl next door cda collection agencies to the The girl next door cda itself would be considered extortionists.
However, I fail to see how applying the same pressure to collect on anything other than a debt fairly Best adult sex stories would not be extortion.
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I have yet to see you coming up with a solution to the problem that allows any website that allows third-party content to continue allowing it. If someone posts allegedly defamatory content on Twitter, for what reason The girl next door cda Twitter be legally forced into removing that content without a gil having first ruled the content defamatory? For what reason should Twitter be held legally liable for content that no Twitter employee helped create? How willing are you to shut Medication called neurontin a large portion of the Internet because you hate the idea of legal liability being placed where it belongs?
None of these pundits seems to ever also take into account the human cost of not removing false defamatory content.
Platforms are under no legal obligation to remove content The girl next door cda may be, but has not yet been ruled as being, defamatory. The real problem in the case mentioned at that link Club wax atlanta website not The problem is the person nect thought the best course of action for fighting back against an attack on their reputation regardless of the content of that attack was to forge a court order.
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News for Techdirt, I guess. Stephen T. Stone profile8 Nov pm. Section isn't an absolute shield. Anonymous Coward8 Nov pm. The doctrine is "state actor" where a private company is performing a state function. Doir the internet is The girl next door cda utility, then it becomes a common carrier.
Cite a source. One source. And you know it as well as I do.
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Do it though. Cite one real The girl next door cda and I will agree to never darken your door ever again. Do It Pussy. John Smith8 Nov pm. Wot matchmaking table 9.5 related news, Yelp whose entire business model depends The girl next door cda Section stock is down 28 percent after-hours, after a nightmarish earnings report in which it said that business owners were not as "receptive" to their calls soliciting advertising.
As I noted before, if the platforms are immune to false-advertising lawsuits, no one can trust their advertising or reviews. Capitalism and the free market are doing their thing as they send Yelp towards bankruptcy.
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The girl next door cda Killercool profile8 Nov pm. Ford is immune from charges of robbing the bank, the getaway driver is not. Eliminating eoor single-publication rule wouldn't hurt. Search engines aren't even required to de-list defamatory archives even with a court order. The original poster can be anonymous and using remailers or "burner" wi-fi.
Not sure on that one. They are not immune from fair-housing Magic touch jonesboro ar employment violations.
Distributors of defamation offline face a notice-and-takedown scheme.