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gabrielmalor's profile
Gabriel Malor
Gabriel Malor
Gabriel Malor
@gabrielmalor

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Gabriel Malor

@gabrielmalor

Oklahoman. Attorney. I write at many places. My husband (the DH) thinks ya'll need to calm down. gabriel.malor@gmail.com

Spotsy, VA
Joined March 2009

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    1. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

      2d Cir. holds that the "interactive space" on Twitter created when a public official has a public account is a public forum, and that it violates the First Amendment for a public official to deny access to that "interactive space" based on user content. https://assets.documentcloud.org/documents/6185912/Trump-Twitter-ca2-20190709.pdf …pic.twitter.com/cx1XyAH1xu

      25 replies 74 retweets 114 likes
      Show this thread
      Gabriel Malor‏ @gabrielmalor 9 Jul 2019

      This is a garbage decision. Twitter lacks the features traditionally associated with public forums, which is why this panel and the district court below strains to discover this "interactive space" theory.

      7:17 AM - 9 Jul 2019
      • 27 Retweets
      • 85 Likes
      • sam 6h057Runn3r Glenn Botts Smirking Pouncing Deplorable Reflets de Tocqueville Memaw ASH Ole Chris Jude Joanis
      2 replies 27 retweets 85 likes
        1. New conversation
        2. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          I'm skeptical about this interactive space business being a designated public forum because it leaps over the issue that Trump isn't in even primary control over how users can see and interact with that space. That control lies more with Twitter itself and individual users.

          2 replies 17 retweets 53 likes
          Show this thread
        3. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          How weak is this "interactive space" theory of Twitter as a public forum? The entirety of the court's analysis on this pivotal issue is one paragraph, with one inapposite citation.pic.twitter.com/G4uY4fXYal

          5 replies 13 retweets 35 likes
          Show this thread
        4. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          But Perry Educ. Ass'n held that when a public entity on public property opens up that property for periodic use by the public it *still didn't create a public forum.* Perry is simply inapposite here.

          1 reply 9 retweets 29 likes
          Show this thread
        5. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          And that one paragraph lacking analysis is the whole ball game. If Twitter automagically converts into a public forum when a public official uses it, then, axiomatically, the First Amendment is violated if the public official uses Twitter to impede speech he disagrees with.

          6 replies 9 retweets 41 likes
          Show this thread
        6. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          So you would think that the panel would handle the issue of whether Twitter is actually a public forum with more care. But no.

          4 replies 6 retweets 33 likes
          Show this thread
        7. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          There was another way out here, but the panel forecloses it too, holding that when a public official tweets it is always state action and never private action. Essentially, Trump is never "off" on Twitter, even though this too bizarrely curtails his own rights.

          3 replies 6 retweets 30 likes
          Show this thread
        8. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          This is one of those decisions that is going to come back to bite. People hated Trump enough that they just impaired Twitter usage by all public officials and public entities. But, boy, they sure showed Trump!

          13 replies 37 retweets 94 likes
          Show this thread
        9. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          I want to come back to this public forum thing. Here is the entirety of the court's analysis. But Perry Educ. Assn was about whether opening up space for communication *on public property* created a public forum. And even there on gov't property, the court said it did not.pic.twitter.com/3xnoVcpQJO

          1 reply 6 retweets 15 likes
          Show this thread
        10. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          Here, by contrast, we have Twitter, a private company, being converted into a public forum every time it is used by a public official. The conclusion simply does not follow, and the court just runs right over the precedent because this is the conclusion it wishes to draw.

          4 replies 10 retweets 33 likes
          Show this thread
        11. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          Gabriel Malor Retweeted Lou Garrulous

          Exactly. They quoted the precedent on their way to failing to apply it. The nature of the property here is a private company, not public property.https://twitter.com/lougarrulous/status/1148605141882421254 …

          Gabriel Malor added,

          Lou Garrulous @lougarrulous
          Replying to @gabrielmalor
          They listed "the nature of the property and its compatibility with expressive activity to discern the government's intent" as a factor supporting the holding that Twitter, a character-limited platform, is a public forum. My brain hurts.
          1 reply 5 retweets 24 likes
          Show this thread
        12. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          And while Twitter is compatible with expressive activity SCOTUS just got through explaining in Manhattan Community Access Corp. that private entities that provide forums for speech do not become public forums.pic.twitter.com/tYr0u8waUM

          4 replies 11 retweets 34 likes
          Show this thread
        13. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          Seeing a lot of libertarians cheer this decision, but, as a general matter, the involuntary conversion of private space into public space is something they should oppose!

          7 replies 7 retweets 69 likes
          Show this thread
        14. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          Gabriel Malor Retweeted

          But it's not narrow. The decision requires that, having used Twitter for any public purpose, public officials cannot make private use of Twitter again. https://twitter.com/shuffleknowsall/status/1148610792880783362 …

          Gabriel Malor added,

          This Tweet is unavailable.
          4 replies 5 retweets 19 likes
          Show this thread
        15. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          And while one would hope former public officials could regain a private space on Twitter once out of office, but that doesn't follow from the decision's reasoning either. The public character of the "interactive space" exists independent of the public official.

          3 replies 5 retweets 16 likes
          Show this thread
        16. Gabriel Malor‏ @gabrielmalor 9 Jul 2019

          It's very disappointing how unreasoned this decision is. These are important questions, and the opinion barely nods at them before thunking its preferred conclusion down and walking away.

          4 replies 9 retweets 33 likes
          Show this thread
        17. End of conversation

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