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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Gabriel Malor‏ @gabrielmalor 29 May 2020

      Gabriel Malor Retweeted Ted Cruz

      There's so much obviously wrong here, and it's sad that someone who actually knows better would spread this garbage. NYT is liable when it commissions and publishes an op-ed. It is not liable if someone posted an identical op-ed in its unedited comments section. That's § 230.https://twitter.com/tedcruz/status/1266376788407513093 …

      Gabriel Malor added,

      Ted CruzVerified account @tedcruz
      Ok, Charles, you want a legal debate. Cool. If you (3rd Party) write an op-ed in NYT & it’s defamatory, NYT can be sued. If you post identical defamatory op-ed on Twitter or FB, they can’t be sued—that’s sec 230. Congress did that bc they were “neutral.” Now, they censor. https://twitter.com/charlescwcooke/status/1266339928855756801 …
      36 replies 283 retweets 1,145 likes
      Show this thread
    2. Gabriel Malor‏ @gabrielmalor 29 May 2020

      Sen. Cruz is not an idiot, and he knows this, but he's gotta keep sniffing that Trump taint so he can keep his senate seat. Sad!

      19 replies 36 retweets 312 likes
      Show this thread
    3. Gabriel Malor‏ @gabrielmalor 29 May 2020

      Gabriel Malor Retweeted Ted Cruz

      Among many errors here is Sen. Cruz's assertion that NYT is "neutral" and therefore protected by CDA § 230. (1) NYT is not neutral, wtf!?! (2) CDA § 230 liability protection is not dependent on neutrality. You could find this out by, y'know, reading the short text of the law.https://twitter.com/tedcruz/status/1266376788407513093 …

      Gabriel Malor added,

      Ted CruzVerified account @tedcruz
      Ok, Charles, you want a legal debate. Cool. If you (3rd Party) write an op-ed in NYT & it’s defamatory, NYT can be sued. If you post identical defamatory op-ed on Twitter or FB, they can’t be sued—that’s sec 230. Congress did that bc they were “neutral.” Now, they censor. https://twitter.com/charlescwcooke/status/1266339928855756801 …
      7 replies 22 retweets 156 likes
      Show this thread
    4. Dan McLaughlin‏Verified account @baseballcrank 29 May 2020
      Replying to @gabrielmalor

      I don't think he is arguing that 230 protection depends on neutrality, but that it should. Which is a different argument.

      1 reply 0 retweets 2 likes
    5. Gabriel Malor‏ @gabrielmalor 29 May 2020
      Replying to @baseballcrank

      Gabriel Malor Retweeted Ted Cruz

      Zug zug, Dan.https://twitter.com/tedcruz/status/1266383318393720832 …

      Gabriel Malor added,

      Ted CruzVerified account @tedcruz
      2/x You say it “isn’t true” that Congress did that bc they were neutral. Here’s some of the statutory text: “The Internet...offer[s] a forum for a TRUE DIVERSITY of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.” https://twitter.com/charlescwcooke/status/1266380301825081344 …
      Show this thread
      3 replies 0 retweets 2 likes
      Dan McLaughlin‏Verified account @baseballcrank 29 May 2020
      Replying to @gabrielmalor

      Right, he's arguing about the statutory purpose, and that it is no longer being served by how the statute works. I think it's a misleading argument, but I have yet to see him say that 230 actually does require neutrality, just that it should.

      8:08 AM - 29 May 2020
      • 2 Likes
      • Eric Hughes 🦅 Jr
      2 replies 0 retweets 2 likes
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        2. Dan McLaughlin‏Verified account @baseballcrank 29 May 2020
          Replying to @DersChiva @gabrielmalor

          Well, unless your argument is that the law is bad and should change. I agree that invoking the statutory purpose doesn't get you far, if anywhere at all, in a textualist analysis of what it actually does.

          1 reply 0 retweets 0 likes
        3. End of conversation
        1. Dan McLaughlin‏Verified account @baseballcrank 29 May 2020
          Replying to @baseballcrank @gabrielmalor

          Now, I may well have missed a Tweet somewhere, but the ones I have seen so far are making a different argument.

          0 replies 0 retweets 0 likes
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