Message from @Grenade123

Discord ID: 448927944748957707


2018-05-23 19:03:29 UTC  

and he pointed out exactly what you just said was not right

2018-05-23 19:04:30 UTC  

pretty sure he didn't, but lets see, its this one right? https://www.youtube.com/watch?v=SHoBsMx-U0w

2018-05-23 19:05:02 UTC  

it might be that one

2018-05-23 19:05:10 UTC  

hes done a ton of them on free speech haha

2018-05-23 19:06:16 UTC  

I think he even reference the XKCD comic

2018-05-23 19:06:36 UTC  

wait, let me make sure that phrasing was clear. 1A is protection from government censorship of free speech. but not guaranteed free speech.

2018-05-23 19:07:44 UTC  

but lets look at the actual amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

the government cannot abridge free speech.

2018-05-23 19:08:03 UTC  

Tim pool: "First Amendment is protection of free speech from the government" <this

2018-05-23 19:08:29 UTC  

twitter is not the government. Trump, however IS the government.

2018-05-23 19:08:37 UTC  

technically its just congress cant make any laws about it... doesnt mean they wont do without making a technical law

2018-05-23 19:09:00 UTC  

(by they I mean the gov in general)

2018-05-23 19:09:35 UTC  

also Executive orders bypass congress dont they?

2018-05-23 19:09:53 UTC  

so that could be another route

2018-05-23 19:11:04 UTC  

I would need to read up on what limits an executive order may have.

2018-05-23 19:12:05 UTC  

it terms of the constitution, it may just count as overriding any vote to make a law. but if that law violates the constitution on what congress can pass, then it still fails

2018-05-23 19:13:56 UTC  

"In the United States, an executive order is a directive issued by the President of the United States that manages operations of the federal government and has the force of law.[1] The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation)"

2018-05-23 19:14:51 UTC  

"Executive orders, while considered to have the force of law, can't be used to overturn laws – but the orders themselves can be overturned by Congress. The U.S. Supreme Court has declared some executive orders unconstitutional."

2018-05-23 19:16:39 UTC  

so congress would probably overrule it... but it sounds like it could be done

2018-05-23 19:17:14 UTC  

it could be, but then it can be overruled before being officially enacted. or it could be repealed.

2018-05-23 19:18:26 UTC  

unless.. congress specifically makes a law somehow enforcing free speech... so it cannot be abridged... then no EO can overrule it

2018-05-23 19:19:22 UTC  

thats not really how it works

2018-05-23 19:20:57 UTC  

congress could, technically, make any damn law they want. The constitution is, after all, just a piece of paper. Laws get passed all the time which are then challenged for review and labeled unconstitutional. Thats really how it works. So any congress or EO could abridge free speech. But that doesn't mean it will be upheld upon review

2018-05-23 19:21:12 UTC  

and if its found unconstitutional, it is thrown out immediately

2018-05-23 19:21:54 UTC  

in order to get around that, you'd basically have to fill the presidency, the supreme court, and most of congress with all people who support this... and then not piss them off ever.

2018-05-23 19:22:20 UTC  

at which point, the country is probably lost anyway

2018-05-23 19:22:32 UTC  

Im not even sure how you would make a law protecting free speech

2018-05-23 19:23:46 UTC  

back to the subject at hand If you look back to the topic at hand, the declared trumps twitter account, not twitter as a whole, a public form

2018-05-23 19:24:04 UTC  

On an unrelated note the Battlefield V reveal will be soon and I was all hyped till I found it would be hosted by Trevor Noah.

2018-05-23 19:24:56 UTC  

Trevor isn't that bad as a comic on his own. there are better by far, but some of his off the cuff stuff can be decently funny when he is not talking politics

2018-05-23 19:25:02 UTC  

yeah twitter seems to go from private company that can do what it likes, to public forum depending on many things... the day of the week.. the cycle of the moon, what side of the bed trump falls out of

2018-05-23 19:26:31 UTC  

"To determine which of the standards of student expression applies in a given case, many courts first conduct a "public forum analysis." The public forum analysis determines whether individuals may have access to places for communicative purposes."
"we hold that **portions** of @realdonaldtrump count as a public form"

basically, he cannot deny people the ability to contact him on twitter, is how i am reading this

2018-05-23 19:27:28 UTC  

"the interactive spaces where twitter users may directly engage with content of the presidents tweets"

which this part i think backs up https://i.redd.it/xwm7ome3hnz01.png

2018-05-23 19:27:44 UTC  

yet they ban people all the time for no good reason

2018-05-23 19:27:51 UTC  

so

2018-05-23 19:28:08 UTC  

well, its not twitter that can't block people, its the owner of the account.

2018-05-23 19:28:23 UTC  

now, it would be interesting to see what would happen if twitter banned trumps account

2018-05-23 19:28:36 UTC  

if twitter bans someone that has ever directly engaged with the president on his tweets, thus removing their tweet from the public pervew. are they doing the same thing?

2018-05-23 19:28:40 UTC  

which, didn't it get temp deleted once by a leaving employee?

2018-05-23 19:28:41 UTC  

well they did.. for like a day or something

2018-05-23 19:29:03 UTC  

even if the ban was unrelated

2018-05-23 19:29:06 UTC  

Yeah