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2018-05-24 05:39:40 UTC

legal Definition of open forum
: a government property that is opened to the public for expressive activities of any kind โ€” compare limited public forum

2018-05-24 05:39:58 UTC

I found this definition in a website that is like a dictionary for lawyers

2018-05-24 05:40:08 UTC

The argument, as I've seen it presented has been ```1. Any action taken by the president is an action of the government
2. Donald Trump's personal twitter account is to be considered an open public forum
3. Twitter, as a whole, as a privately owned company, may remain a private forum```

Have I misrepresented anything?

2018-05-24 05:40:09 UTC

the problem is we need the exact legal definition

2018-05-24 05:41:47 UTC

there is probably some supporting premises missing from some of those but yes

2018-05-24 05:42:13 UTC

also other questions like do you own your twitter account

2018-05-24 05:42:14 UTC

all of the legal definitions im seeing say that the forum must belong to the government

2018-05-24 05:42:34 UTC

@Ivanfr which is why i just asked the question, do you own your twitter account

2018-05-24 05:42:34 UTC

So, let's address #1.

2018-05-24 05:42:41 UTC

no, twitter does

2018-05-24 05:42:54 UTC

And I'm switching to metaphor for my case

2018-05-24 05:43:01 UTC

I have no right to my twitter account, I just hope twitter lets me use it

2018-05-24 05:43:23 UTC

I havent paid for ity

2018-05-24 05:43:24 UTC

it*

2018-05-24 05:43:41 UTC

If Elon Musk were to kick someone from his house

2018-05-24 05:43:48 UTC

and im pretty sure when I accepted the ToS it says that I dont own shit and twitter are the supreme god of their virtual land

2018-05-24 05:43:49 UTC

true. Yet apparently you have a right to the data generated by using it.

2018-05-24 05:44:03 UTC

Is this the action of Elon Musk, or is it an official action of a company he owns?

2018-05-24 05:44:14 UTC

or at least that is what a bunch of congress people who don't know how facebook works seems to think.

2018-05-24 05:44:44 UTC

Let's just call the government a legal person and be done with it ๐Ÿ˜›

2018-05-24 05:45:25 UTC

@RyeNorth its entirely possible

2018-05-24 05:45:25 UTC

Owns is the wrong term.

2018-05-24 05:45:49 UTC

He doesn't own it, he represents it. The shareholders own it.

2018-05-24 05:46:08 UTC

Of which, he may be considered to be one,

2018-05-24 05:46:21 UTC

Tesla or SpaceX cant suffer legal consequences for what Elon Musk says in his private life

2018-05-24 05:47:00 UTC

well, it can depending on what he does

2018-05-24 05:47:09 UTC

give me an example

2018-05-24 05:47:09 UTC

Alright, let's reframe this question, then.

2018-05-24 05:47:35 UTC

Does Elon Musk require the power of being the CEO of SpaceX to kick someone out of his living room?

2018-05-24 05:48:15 UTC

Or, would this be a privilege any property owner would have?

2018-05-24 05:48:51 UTC

I wonder if Trump deleted Obama's tweets from the @POTUS account

2018-05-24 05:49:08 UTC

and unfollowed HIllary Clinton

2018-05-24 05:49:11 UTC

๐Ÿ˜„

2018-05-24 05:49:33 UTC

I think Twitter actually designated @POTUS as a special account

2018-05-24 05:49:35 UTC

There's convoluted work related hypotheticals, but, in general, it's the right of being a property holder

2018-05-24 05:49:38 UTC

the main reason Trump does not use it.

2018-05-24 05:49:40 UTC

not exactly the prefect example. his house would also need to be spacex property

2018-05-24 05:49:59 UTC

Why would it also need to be spacex property?

2018-05-24 05:50:09 UTC

It's his own living room.

2018-05-24 05:50:20 UTC

He's had the living room before he was CEO of spaceX

2018-05-24 05:50:30 UTC

Think of university presidents living in a house provided by the university

2018-05-24 05:50:53 UTC

Think of Trump Tower.

2018-05-24 05:50:56 UTC

Rule #1 dont live in a place that u dont own

2018-05-24 05:51:23 UTC

Not everything that The President of the United States owns is government property

2018-05-24 05:51:24 UTC

@Ivanfr if you have to pay taxes on it constantly, you don't own it

2018-05-24 05:51:37 UTC

well u own it as much as u can

2018-05-24 05:51:52 UTC

Not everything that Elon Musk owns is SpaceX property.

2018-05-24 05:52:06 UTC

The metaphor translates quite effectively.

2018-05-24 05:52:09 UTC

i mean, you statement is wrong. it certainly would be better to live in land that the government has no right to and therefore can't tax you

2018-05-24 05:53:16 UTC

I havent seen such land

2018-05-24 05:53:34 UTC

I mean u can go to the jungle with a gun and claim land

2018-05-24 05:53:35 UTC

I mean, I own a company, myself. My car is not company property.

2018-05-24 05:53:37 UTC

well given that i previously said i treat CEOs as representatives of the company at all times so that anything they say or do related to the company, even if its while they are "off duty", is as good as an official statement for the company, this is not exactly perfect.

2018-05-24 05:53:38 UTC

Or at least such land with postal service

2018-05-24 05:54:02 UTC

That doesn't answer the question.

2018-05-24 05:54:32 UTC

technically no

2018-05-24 05:54:38 UTC

the best kind of no.

2018-05-24 05:54:41 UTC

but this is not the same as trump banning people

2018-05-24 05:54:47 UTC

How so?

2018-05-24 05:54:57 UTC

He's not banning people, by the way.

2018-05-24 05:55:25 UTC

Not like Twitter is.

2018-05-24 05:55:26 UTC

because that would be like kicking out a space-x employee out of his house, then hold a space x meeting there talking about his job.

2018-05-24 05:55:41 UTC

his being the person kicked out

2018-05-24 05:55:56 UTC

You're reframing the question.

2018-05-24 05:56:08 UTC

Just because a President uses a service, that doesnt make the service propierty of the govt

2018-05-24 05:56:17 UTC

ur taxes didnt fund twitter

2018-05-24 05:56:19 UTC

Part of my point.

2018-05-24 05:56:42 UTC

and yes the president has the right to use private services

2018-05-24 05:57:11 UTC

Which leads to #2 and #3

2018-05-24 05:57:20 UTC

It's annoying anyway since blocking doesn't hinder public discussion, just easy the reference

2018-05-24 05:57:40 UTC

How can Twitter be a private service, with a constitutionally protected public service within it?

2018-05-24 05:58:26 UTC

so, the president can use his personal twitter to talk about his positions on things, which, since he is the president, is also the POTUS position, but depending on which one he uses, he can block people out of the conversation?

2018-05-24 05:58:41 UTC

Absolutely!

2018-05-24 05:58:44 UTC

he can block anyone in any account

2018-05-24 05:58:56 UTC

unless there is now a law about @POTUS

2018-05-24 05:59:06 UTC

He's not using @potus

2018-05-24 05:59:11 UTC

He's using @realdonaldtrump

2018-05-24 05:59:18 UTC

well but assume he was

2018-05-24 05:59:22 UTC

oh, good. So lets block all political opposition, stop using @potus, and stop providing any other forms of press release

2018-05-24 05:59:25 UTC

it wouldnt matter in my opinion

2018-05-24 05:59:38 UTC

He hasn't done that.

2018-05-24 05:59:44 UTC

but he can

2018-05-24 05:59:45 UTC

@Grenade123 sure, what is the problem with that?

2018-05-24 05:59:47 UTC

well, could

2018-05-24 05:59:52 UTC

Then it becomes the official form of communication, which makes it a problem

2018-05-24 06:00:04 UTC

FOIA would wreck him if he tried.

2018-05-24 06:00:29 UTC

I don't believe the president is REQUIRED to give press releases, anyway.

2018-05-24 06:00:30 UTC

It is not the official form of communication

2018-05-24 06:00:37 UTC

he is still appearing on TV and all that

2018-05-24 06:00:39 UTC

perhaps. or maybe they would jsut declare his private twitter the new offical potus account and we are back to here

2018-05-24 06:01:00 UTC

official in what sense @Grenade123

2018-05-24 06:01:10 UTC

in the sense that twitter itself recognises it as verified?

2018-05-24 06:01:26 UTC

idk, what makes @potus official?

2018-05-24 06:01:35 UTC

nothing as far as I know

2018-05-24 06:01:37 UTC

That's what you're trying to argue.

2018-05-24 06:01:40 UTC

apart from Twitters word

2018-05-24 06:02:12 UTC

@RyeNorth actually, you are the one that drew a distinction between @potus and trumps account. i did not.

2018-05-24 06:02:17 UTC

they are both voices of the president

2018-05-24 06:02:31 UTC

well @POTUS does belong to the govt

2018-05-24 06:02:36 UTC

it is passed from one president to another

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