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Does that mean in NJ mall management can’t ban a customer for not following their rules?
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"The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln -
The people who have been banned from youtube were following the rules.Originally posted by AlabamAlum View PostComment
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It means that the mall can't run afoul of First Amendment rights on assembly and speech. They could issue rules about where you can assemble and when you can assemble (reasonable time place and manner requirements), but they have to allow it in some form.Does that mean in NJ mall management can’t ban a customer for not following their rules?
As the test suggest, if you are fundamentally granting the public open access in such a way as to creat a de facto public forum then you are a public forum and you are treated as such. Now, public forums can implement all sorts of rules, too. You can't piss on the Washington Monument -- yet. But, they are constrained by the First Amendment.
Now, that's the minority approach. The majorty approach goes with the simple test -- private? Yes -- they decide everything.
Last edited by iam416; June 30, 2020, 02:40 PM.Dan Patrick: What was your reaction to [Urban Meyer being hired]?
Brady Hoke: You know.....not....good.Comment
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So, people could protest or town square soap box even if the mall mgmt said gtfo?"The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham LincolnComment
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AA -- youtube's rules weren't even being violated. There is nothing in the terms of service that forbids being Libertarian or Conservative.
And who cares if they were? It's not as if you have any property rights of your own to speak of. There is a long, long list of things that the government has forbidden you to do as a business owner the name of "fairness". Your Libertarian argument is late to the party by about 50 years. You're not allowed, for instance, to exercise any discretion in who you hire anymore. Intellectually dishonest Liberals (e.g. DSL) make the Libertarian argument knowing full well that they would never in a million years side with a private business owner to be allowed to do something that they didn't agree with. Don't fall for it.Last edited by Hannibal; June 30, 2020, 02:59 PM.Comment
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Yeah. So, the Mall could implement a permitting process. Give them certain times or whatever. Or you could implement rules about when and where they can protest. But, yeah, you can't stop them entirely. At least in NJ (and in California and about 10 other states).So, people could protest or town square soap box even if the mall mgmt said gtfo?
You're squarely with the majority of states that have resolved this issue in favor the bright-line test. I'm only using NJ as an example of a framework that I think is applicable to social media platforms. That is, if you're going to go down that road in the first place.Dan Patrick: What was your reaction to [Urban Meyer being hired]?
Brady Hoke: You know.....not....good.Comment
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A better analogy with the shopping mall would be if you built up your business there for 12 years and then one day, without warning, you would arrive to open your store and you would find yourself locked out because the management didn't agree with your political views.
Oh, and it is the only mall within a 1,000 mile radius.Comment
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A mall where you pay virtually nothing in rent and expect the owners of the mall to spend money on legal costs to defend your right to operate there. And then one day the mall changed ownership and the new people no longer felt the liability of hosting your phony brain pill operation and harassment campaigns was worth it.Originally posted by Hannibal View PostComment
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Except that there was no liability or harrassment campaign, so what you are saying doesn't make any sense, and monetized channels don't get to run their business rent free. youtube takes a substantial cut unless they demonetize you, but nobody actually ever chooses to be demonetized. Oh, and youtube didn't recently change ownership.Originally posted by Dr. Strangelove View Post
That was some epic fail, bruh. 🤣Last edited by Hannibal; June 30, 2020, 03:18 PM.Comment
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Twitter and Facebook and the others don't take a cut but yes, YouTube is a bit different. Believe I even said that earlier. The phony pills and harassment campaigns was a reference to the great Alex Jones, one of your ideological and intellectual equals.Comment
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Twitter and Facebook charge you in the form of selling your data without your knowledge or permission. Or at least Facebook does. Neither of them operate out of charity.
Alex Jones wasn't silenced because of Penis Pills or a phantom "harrassment" campaign. Penis pills are not the common denominator connecting the dozens of influential right wing channels that have been shut down for "hate speech" or some other phantom rules violation. He was called out specifically by Hillary Clinton for censorship. Jones was silenced because his opinions and his ability to reach a large audience with those opinions. Period. End of story.
And you might not want to make fun of Alex Jones too much since he has the same batting average as your favorite media outlets lately when it comes to hilarious conspiracy theories, albeit without the support of political FBI crones, CNN, and The New York Times to lend them a false sense of credibility.Last edited by Hannibal; June 30, 2020, 03:29 PM.Comment
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It's almost inconceivable, Hannibal, that this is where we are.LMAO
BTW, heard a great phrase today -- "Racism of the Gaps" -- a version of "God of the Gaps". The latter is the notion that if we can't explain something we default to god. The former, then, is the notion that if there's any sort of discrepancy in any sort of outcome then it's RACISM.
Dan Patrick: What was your reaction to [Urban Meyer being hired]?
Brady Hoke: You know.....not....good.Comment
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