Message from @Grenade123

Discord ID: 448929982140383232


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 or it could be repealed.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

2018-05-23 19:29:24 UTC  

this really does open up some legality questions

2018-05-23 19:29:38 UTC  

if twitter is a public forum, even if its only on Trumps tweets

2018-05-23 19:29:51 UTC  

how much control do they have of it?

2018-05-23 19:30:02 UTC  

legally speaking

2018-05-23 19:30:13 UTC  

if its a public forum then doesnt even have the right to assembly

2018-05-23 19:30:29 UTC  

so banning anyone is unconstitutional

2018-05-23 19:30:42 UTC  

reading all the public form clauses, they all say the government cannot impose limits

2018-05-23 19:32:08 UTC  

open forum: "The government can normally impose only content-neutral time, place, and manner restrictions on speech in a public forum."

limited forum: "he government can limit access to certain types of speakers in a limited public forum, or limit the use of such facilities for certain subjects."

III. closed forum: "governmental restrictions on access to a nonpublic forum will be upheld as long as they are reasonable and not based on a desire to suppress a particular viewpoint."

2018-05-23 19:32:20 UTC  

once again, twitter is not the government, trump is the government

2018-05-23 19:32:47 UTC  

so twitter, at least the way i read this, is exempt from public forum rulings. but trump is not.

2018-05-23 19:33:09 UTC  

i.e., twitter can block peoples access, but trump cannot block peoples access