Skip to content
  • Home Home Home, current page.
  • Moments Moments Moments, current page.

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @
  • Language: English
    • Bahasa Indonesia
    • Bahasa Melayu
    • Català
    • Čeština
    • Dansk
    • Deutsch
    • English UK
    • Español
    • Filipino
    • Français
    • Hrvatski
    • Italiano
    • Magyar
    • Nederlands
    • Norsk
    • Polski
    • Português
    • Română
    • Slovenčina
    • Suomi
    • Svenska
    • Tiếng Việt
    • Türkçe
    • Ελληνικά
    • Български език
    • Русский
    • Српски
    • Українська мова
    • עִבְרִית
    • العربية
    • فارسی
    • मराठी
    • हिन्दी
    • বাংলা
    • ગુજરાતી
    • தமிழ்
    • ಕನ್ನಡ
    • ภาษาไทย
    • 한국어
    • 日本語
    • 简体中文
    • 繁體中文
  • Have an account? Log in
    Have an account?
    · Forgot password?

    New to Twitter?
    Sign up
gabrielmalor's profile
Gabriel Malor
Gabriel Malor
Gabriel Malor
@gabrielmalor

Tweets

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

Tweets

  • © 2021 Twitter
  • About
  • Help Center
  • Terms
  • Privacy policy
  • Cookies
  • Ads info
Dismiss
Previous
Next

Go to a person's profile

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @

Promote this Tweet

Block

  • Tweet with a location

    You can add location information to your Tweets, such as your city or precise location, from the web and via third-party applications. You always have the option to delete your Tweet location history. Learn more

    Your lists

    Create a new list


    Under 100 characters, optional

    Privacy

    Copy link to Tweet

    Embed this Tweet

    Embed this Video

    Add this Tweet to your website by copying the code below. Learn more

    Add this video to your website by copying the code below. Learn more

    Hmm, there was a problem reaching the server.

    By embedding Twitter content in your website or app, you are agreeing to the Twitter Developer Agreement and Developer Policy.

    Preview

    Why you're seeing this ad

    Log in to Twitter

    · Forgot password?
    Don't have an account? Sign up »

    Sign up for Twitter

    Not on Twitter? Sign up, tune into the things you care about, and get updates as they happen.

    Sign up
    Have an account? Log in »

    Two-way (sending and receiving) short codes:

    Country Code For customers of
    United States 40404 (any)
    Canada 21212 (any)
    United Kingdom 86444 Vodafone, Orange, 3, O2
    Brazil 40404 Nextel, TIM
    Haiti 40404 Digicel, Voila
    Ireland 51210 Vodafone, O2
    India 53000 Bharti Airtel, Videocon, Reliance
    Indonesia 89887 AXIS, 3, Telkomsel, Indosat, XL Axiata
    Italy 4880804 Wind
    3424486444 Vodafone
    » See SMS short codes for other countries

    Confirmation

     

    Welcome home!

    This timeline is where you’ll spend most of your time, getting instant updates about what matters to you.

    Tweets not working for you?

    Hover over the profile pic and click the Following button to unfollow any account.

    Say a lot with a little

    When you see a Tweet you love, tap the heart — it lets the person who wrote it know you shared the love.

    Spread the word

    The fastest way to share someone else’s Tweet with your followers is with a Retweet. Tap the icon to send it instantly.

    Join the conversation

    Add your thoughts about any Tweet with a Reply. Find a topic you’re passionate about, and jump right in.

    Learn the latest

    Get instant insight into what people are talking about now.

    Get more of what you love

    Follow more accounts to get instant updates about topics you care about.

    Find what's happening

    See the latest conversations about any topic instantly.

    Never miss a Moment

    Catch up instantly on the best stories happening as they unfold.

    1. Gabriel Malor‏ @gabrielmalor Jan 27

      8th Cir holds Missouri state rep. did NOT violate the First Amendment by blocking users on Twitter because her account was mostly for campaign use, even after she won her seat, which is private activity not state action. https://ecf.ca8.uscourts.gov/opndir/21/01/192994P.pdf …pic.twitter.com/bjDyKXKbww

      2 replies 10 retweets 27 likes
      Show this thread
    2. Gabriel Malor‏ @gabrielmalor Jan 27

      YASSS. 👏👏👏

      1 reply 0 retweets 2 likes
      Show this thread
      Gabriel Malor‏ @gabrielmalor Jan 27

      The maj. op. distinguishes the Trump twitter case out of the 2d Cir. that you have heard me complain about before by saying that involved an official government account (it wasn't, obviously, since Twitter closed it at whim, but whatever).pic.twitter.com/WBrpcApGJF

      12:34 PM - 27 Jan 2021
      • 1 Retweet
      • 6 Likes
      • Eric Hughes 🦅 John Henry Towne Halle KAGA Tyler Coward Walter Olson ✌ lmorelli ✌
      3 replies 1 retweet 6 likes
        1. New conversation
        2. Gabriel Malor‏ @gabrielmalor Jan 27

          Dissenting Judge Kelly says that a campaign account that tweets about a winning candidate's work automagically converts to state action, and she also buys into the ridiculous idea that the government creates a "interactive space" subject to 1A on Twitter when politicians tweet.pic.twitter.com/aFngBeBiPF

          1 reply 1 retweet 3 likes
          Show this thread
        3. Gabriel Malor‏ @gabrielmalor Jan 27

          I'll spare you the full angry spiel right now, but the claim that the state creates a public forum subject to the First Amendment whenever an official tweets about work is, in a word, INSANE. As evidenced by the fact that Twitter can apparently obliterate such a space at will.

          2 replies 0 retweets 11 likes
          Show this thread
        4. Gabriel Malor‏ @gabrielmalor Jan 27

          The "interactive space" on Twitter lacks any features in common with traditional or designated public forums, and the courts that jumped at the idea they could use this theory to punish Trump should be ashamed of themselves.

          1 reply 0 retweets 7 likes
          Show this thread
        5. Gabriel Malor‏ @gabrielmalor Jan 27

          Happily, SCOTUS yesterday ordered the 2d Cir.'s decision about Trump to be vacated as moot. Of course, that didn't stop Judge Kelly from endorsing it in dissent here. That crap is gonna be with us a long time.

          2 replies 1 retweet 5 likes
          Show this thread
        6. Gabriel Malor‏ @gabrielmalor Jan 27

          Gabriel Malor Retweeted Gabriel Malor

          And, btw, Judge Kelly doesn't cite anything for the "interactive space" theory except the 2d Cir. Trump case (and a case from the 4th Cir. that followed). But if you go back to find the original reasoning of the 2d you find that was itself unsupported:https://twitter.com/gabrielmalor/status/1148600589041000448 …

          Gabriel Malor added,

          Gabriel Malor @gabrielmalor
          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
          Show this thread
          1 reply 1 retweet 4 likes
          Show this thread
        7. Gabriel Malor‏ @gabrielmalor Jan 27

          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 was simply inapposite here. The 2d Cir. just wanted to stick it to Trump.

          1 reply 0 retweets 1 like
          Show this thread
        8. Gabriel Malor‏ @gabrielmalor Jan 27

          One of the things that *really* bugged me about that Trump tweets case was the numerous libertarians cheering the involuntary conversion of a private citizen's twitter account into public space subject to public constraints. That's the opposite of libertarian, ya'll!

          2 replies 1 retweet 7 likes
          Show this thread
        9. Gabriel Malor‏ @gabrielmalor Jan 27

          Gabriel Malor Retweeted Cristian Farias

          Oop. I gotta throw a correction in here. SCOTUS hasn't given that 2d Cir. case the ol' Munsingwear vacatur yet. I saw that erroneously reported, thought it was erroneously reported, and then completely internalized the erroneous report. I apologize. Thanks, Christian!https://twitter.com/cristianafarias/status/1354533607994515456 …

          Gabriel Malor added,

          Cristian FariasVerified account @cristianafarias
          Replying to @gabrielmalor
          Not yet mooted out, I don't think. But maybe in the next orders list. https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/20-197.html …
          1 reply 0 retweets 5 likes
          Show this thread
        10. End of conversation
        1. New conversation
        2. Ari Cohn‏Verified account @AriCohn Jan 27
          Replying to @gabrielmalor

          I don't know that Twitter closing it at a whim bears heavily on whether a Twitter account is an official government account, though. That would mean that a Twitter account could never be an official government account and that seems untenable in light of ::gestures broadly::

          1 reply 0 retweets 0 likes
        3. Gabriel Malor‏ @gabrielmalor Jan 27
          Replying to @AriCohn

          When we look to see whether something is state action or not one of the things we look to is who controls the space. So for example when a gov't entity opens a twitter account, we naturally think that looks like state action.

          1 reply 0 retweets 0 likes
        4. Show replies

      Loading seems to be taking a while.

      Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.

        Promoted Tweet

        false

        • © 2021 Twitter
        • About
        • Help Center
        • Terms
        • Privacy policy
        • Cookies
        • Ads info