#strategic litigation
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tearsofrefugees · 4 months ago
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astroninaaa · 1 year ago
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hey !!! your post on cellbit’s whole defamation situation is super interesting and really informative, and it’s sick that he’s really going through with it 👌 one thing i saw earlier and was wondering about was, i heard that a couple people on the released list are minors- how does that affect things? are they still held responsible, do their guardians get involved? it’s just crazy to imagine a parent like getting a letter in the mail saying their preteen kid might be getting sued for talking shit on twitter 💀
hi!!! i’m really glad to help!!!!! and yes okay so basically.
in brazil, you have to be 18+ to answer judicially, regardless of the matter. if we’re talking about child support, for example, the child is the one that has the right to get child support, but their responsible guardian has to speak for them judicially, because children can’t legally partake in a judicial matter without being represented by an adult.
so, basically, they’re still held responsible, but things move along differently, because they have to be represented by their legal guardians. according to brazilian tort law (responsibility laws and stuff), parents/legal guardians are ALWAYS held responsible for their child’s actions because they have direct responsibility towards those children. so, basically, if a kid is getting sued for saying shit on the internet and cellbit asks for indemnities and the judge concedes it, the legal guardians have to pay for those indemnities. like, the CHILDREN are being convicted and being charged, but they legally have to be represented judicially by their guardians, if that makes sense? so yes it’s THEM but their legal guardians are representing them. because they’re minors.
defamation isn’t usually a crime you can go to jail for in brazil, you just have to pay for damages — and that can be a LOT of money. if it was a crime you go to jail for, that’d be a bigger issue, because you can’t put a child in adult jail. since it’s more of a money punishment, tho, it’s a little easier for suing minors to be something doable. their parents will just have to pay for however much the judge decides is a good enough amount.
i looked over the court process and i thiiiiiiink it’s in a civil court of law? which would mean he isn’t asking for them to go to jail, he’s just asking to get paid for the damages. i can take a look again tomorrow tbh
BUT YEAH PARENTS WILL BE GETTING LETTERS SAYING THEIR KID IS GETTING SUED FOR BEING NASTY ON TWITTER 😭😭😭😭 which is funny as fuck to me. but also maybe teach your kids to not commit crimes on the internet? it’s a lil funny
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thethirdromana · 2 years ago
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There's a lot of anti-Romani racism in Dracula, and today's entry marks the start of it.
So I thought it might be a good opportunity to highlight some organisations that are working to promote Roma rights, and some ways, alongside donating, that you might be able to support them.
The European Roma Rights Centre carries out strategic litigation to support Roma rights, as well as doing advocacy and research. You can sign up to volunteer for them here; one volunteer-run project currently live is called Challenging Digital Antigypsyism, and focuses on identifying and reporting hate speech on social media platforms.
On a similar theme, Minority Rights Group International has a campaign toolkit on countering cyberhate against Roma. The focus of the campaign is Bulgaria, Croatia, Czech Republic, Hungary and Slovakia.
In the UK, Friends, Families and Travellers works to end racism and discrimination against Gypsy, Roma and Traveller people and to protect the right to pursue a nomadic way of life. If you're in the UK, you can ask your MP to sign their pledge card. And if you witness discriminatory comments in politics, you can report that here.
The Roma Support Group, based in London, works with Eastern European Roma refugees and migrants. They have a number of volunteer roles for people with regular time to offer.
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justinspoliticalcorner · 15 days ago
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Parker Molloy at The Present Age:
This week, we watched as the world's richest man appeared to give a Nazi salute at Trump's post-inauguration rally. Twice. Then we watched as mainstream media outlets bent over backwards to avoid saying what we all saw. The New York Times went with "Elon Musk Ignites Online Speculation Over the Meaning of a Hand Gesture." The Washington Post opted for "Elon Musk gives exuberant speech at inauguration." Some local TV stations, as Marisa Kabas noted at The Handbasket, even cut their footage right before the first and most obvious salute. Meanwhile, as Tim Dickinson reported at Rolling Stone, neo-Nazis and white nationalists weren't shy about what they saw. Blood Tribe leader Christopher Pohlhaus shared the clip with SS lightning bolts, writing "I don't care if this was a mistake. I'm going to enjoy the tears over it." The Proud Boys Ohio chapter posted it with "Hail Trump!" White Lives Matter celebrated with references to "The White Flame." So why are mainstream outlets so reluctant to state the obvious? The answer lies in our broken defamation laws and the way wealthy individuals can weaponize them against critics. This is a legitimate free speech crisis.
NBC News reporter Kat Tenbarge explained on Bluesky: "It's difficult to overstate just how much professional journalists have been trained to fear defamation lawsuits and how much it has impacted the ability to tell the truth." She's right. And there's recent precedent for this fear when it comes to Musk specifically. Remember what happened to Media Matters? As Andy Craig points out, they "simply shared screenshots of major corporate ads running next to literally Hitler stuff and he sued them into mass layoffs and got two states to open criminal investigations of them." The chilling effect was immediate. Craig notes that coverage of similar issues "kind of petered out" afterward—"not because it got any harder to find examples to report." This is what journalist Mike Masnick calls a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. These suits aren't necessarily meant to win in court; they're meant to silence critics through the sheer cost and hassle of defending against them. That's why Masnick and others have been "calling for anti-SLAPP laws (both federal and state) for years and years."
Mainstream media publications and even the ADL are beating the bush by avoiding calling out Elon Musk’s Nazi salutes, all because they are afraid of being sued. White supremacists and Neo-Nazis saw the salute for what it was: a validation of their wicked viewpoints.
See Also:
The Advocate: Journalist calls out people for being 'fine' with Elon Musk's Nazi salute but not pronouns
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discoscoob · 9 months ago
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✧ ˚ BREAK THE CHAIN
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˙ ✩°˖🏛️ ⋆。˚ Donnie Barksdale x Reader x Kevin Lomax
CW: toxic and abusive marriage, physical abuse, possessive and jealous behaviour, threats of violence.
Synopsis: during the turmoil of your divorce proceedings against your abusive husband, you and your lawyer confront your husband's relentless refusal to accept the end of your marriage. 2.6k words.
˙ ✩°˖🏛️ ⋆。˚
“How can he do this? How can he get away with spewing such venomous lies about me? He knows the truth. He knows what he put me through. Why can’t he just admit it?!” you emerge from the courthouse, alongside your lawyer Kevin, trying to seek some reassurance after yet another gruelling day in your divorce hearing. You’re on the verge of tears, wondering how much more of this you can take before you reach breaking point.
In a desperate attempt to tarnish your reputation and undermine your credibility, your soon-to-be-ex-husband, Donnie, and his sleaze-ball of a lawyer, hurled accusations of infidelity and deceit against you, claiming that any abuse you endured during your marriage had not been at the hands of your husband. His entire defence was built on a lie, shifting the accusation of abuse onto fabricated lovers, stating that you were trying to pin the blame on him and make him out to be a monster.
The touch of Kevin’s hand grounds you, takes control and pulls you back to reality before you spiral any further. Gently brushing the soft pad of his thumb against your knuckles, you can’t help but compare how smooth and gentle his hands feel to the rough and calloused texture you were used to feeling from Donnie’s.
“Listen to me,” Kevin’s velvet tone pulls your focus away from your intertwined hands and you look up into his gentle eyes that are full of calm determination. “Donnie is grasping at straws, he can make as many accusations as he pleases just don’t let them get to you. These claims only show how desperate he is to regain control over the narrative. His lies hold no weight in the eyes of the law, they’re nothing but baseless accusations. We have the truth on our side, nothing can change that.”
“What if the truth isn’t enough?” you worry, casting your gaze downward. Your mind is plagued with doubt, brought on by the accusations of betrayal to dismantle your claims of abuse.
“Trust me, Y/N,” Kevin gently takes your chin between his finger and thumb to guide your gaze back towards him. “I’ve got this, alright? Donnie will slip up eventually.” promise radiates from his gaze, while he speaks with unwavering confidence.
For Kevin, litigating a case is like playing chess, he has the skill to anticipate every move the opposition will make and he has every counterattack planned in advance. He knows when to sit back and observe and when to strike, possessing the ability to unravel an opponents case with strategic attacks that ultimately secure victories for his clients. He has no reason to believe this case will be any different.
You draw strength from Kevin’s optimism, like a soothing balm over your doubts and anxieties, once again the gentle brush of his thumb against your knuckles grounds you.
“If it wasn’t for you, I don’t think I could get through this.” you mumble as you rest your forehead against Kevin’s shoulder, in return you feel his arm wrap around you, offering the comfort you were seeking.
“Enough of that,” Kevin’s melodic accent whispers in your ear, soft and mellow, as he pulls you closer. “You’re strong, Y/N, stronger than you know, you hear me? I’ll be by your side you every step of the way but don’t for a second underestimate your own strength and resilience.”
Before you can respond, the shrill sound of Kevin’s ringtone interrupts the moment. Withdrawing his embrace, he digs into his suit pocket to pull out his phone and inspect the caller ID.
“I oughta take this real quick. Wait right here, I won’t be a minute.” he sighs while offering an apologetic glance for the disturbance. Your focus lingers on Kevin as he jogs down the remaining steps of the courthouse to take his call in private.
As you stand alone, your attention focused on Kevin as he takes his call, Donnie lurks in the distance, like a predator stalking its prey. His menacing glare is pinned directly on you as he seizes the opportunity and closes in on you. Only once his rough grip is sending a jolt of pain through your arm, do you realise you’re no longer alone.
“We need us a li’l chat away from all these folk tryna fill your head with bullshit.” Donnie’s menacing drawl growls in your ear, dripping with venom as he roughly hauls you to the secluded side of the courthouse, away from prying eyes.
“That slick-talkin’ lawyers got some nerve wrappin’ his arms ‘round what don’t belong to him, I reckon he’s tryna steal you away from me.” Donnie’s rugged face is inches from yours as he cages you in against the red brick wall. “Now you might think I’m stupid but I ain’t blind to what’s been happenin’. You and that fancy lawyer of yours been fuckin’ for months behind my back, ain’t that right?”
“No, Donnie.” your breath shudders through your quivering voice as your estranged husband intimidatingly looms over you. “You’re wrong.”
“Bullshit, Y/N!” Donnie’s tone is laced with distrust as he narrows his suspicious eyes down at you. “Ain’t no way you’d be divorcin’ me if it weren’t for that son-of-a-bitch tryna lead you astray. He’s the one behind this whole fuckin’ mess, whispering his poison in your ear since the start, ‘cause I know you ain’t got the money for no know-it-all lawyer like him, so somethin’ ain’t adding up right.”
“Donnie, that’s enough. Let her go.” Your heart leaps at the sound of Kevin’s commanding voice breaking through the tense atmosphere.
Donnie’s head whips around in the lawyers direction with thunderous expression. “Mind your business, Lomax. This is between me and my wife.”
“It is my business when someone’s threatening my client.” Kevin stands his ground as he confidently steps between you and Donnie. “Now leave her alone otherwise you’ll leave me no choice but to get the police involved. And I’ll give you this tip for free, Donnie — getting arrested for harassment sure as shit ain’t gonna do your case any favours. So if I were you, I’d be on my way.”
With a huff through his flared nostrils and his chest heaving with rage, Donnie begrudgingly relents and takes a step back. “This ain’t over, you hear me?” he stubbornly reminds you both as he takes leisurely steps back with his chin raised in defiance. “I’ll be damned if I let any man think he can steal what’s mine.”
With one final menacing glare, Donnie storms off towards his pickup truck leaving you trembling against the brick wall as all the tension floods out your body. Kevin’s arms are around you within an instant, offering you the security and care you desperately need.
“Told you he’d slip up, didn’t I?” Kevin’s voice carries a subtle note of triumph as he rests his chin against the top of your head.
˙ ✩°˖🏛️ ⋆。˚
“Mr. Barksdale, earlier in this trial, you made some rather bold accusations against my client, Mrs. Y/N Barksdale. Accusations of infidelity and deceit. Is that correct?” With a professional tone, Kevin addresses Donnie, who is sitting at the witness stand.
“Yeah, that’s right.” Donnie responds as he shifts uncomfortably, his dark eyes bounce between you and Kevin.
“And yet, despite the seriousness of these accusations, you have provided no evidence to support these claims.” Kevin confidently paces in front of the witness stand but his challenging glare never leaves Donnie. “Meanwhile my client, Mrs. Barksdale has provided the court with medical records documenting incidents of abuse at your hands.”
You notice a subtle twitch on Donnie’s face as he momentarily glances away, a sight you were all too familiar with when he was trying to hold back the anger that was starting to boil beneath the surface.
“Just ‘cause she got some bruises don’t mean I put them there.” Donnie shrugs, triggering an uncomfortable twist in your gut as you watch him so nonchalantly reject accountability for the hell he put you through.
"Mr. Barksdale, the medical records clearly indicate patterns of injury consistent with physical abuse," Kevin rebuts, while maintaining a firm and professional manner. "These are not just 'some bruises.' They are documented evidence of repeated incidents of violence against my client."
"Just 'cause she's got some marks, suddenly it's all my fault?” he scoffs, his voice laced with contempt. “Them injuries could've come from any one of them men she was runnin' around with behind my back.”
“You know, Mr. Barksdale, it's getting rather tiresome hearing about these mysterious lovers of Mrs. Barksdale's that you've yet to prove the existence of.” Kevin rolls his eyes as a note of boredom enters his tone.
Donnie’s jaw clenches tightly as he glares at Kevin, fury burning within the dark shadows of his eyes and his nostrils flaring as he barely maintains his composer. A pulsating vein on the side of his neck displays the rage that is threatening to erupt at any moment. Donnie decides to keep his lips sealed.
“Mr. Barksdale, during your marriage to Mrs. Y/N Barksdale, did you ever exhibit signs of jealousy or possessiveness.” Kevin smoothly continues his cross examination, undeterred by Donnie’s visible signs of anger.
Donnie’s face twitches with irritation as he shifts uncomfortably in his seat, his darkened gaze briefly flickers in your direction before settling back on Kevin.
“I fail to see how it’s any of your damn business.” Donnie’s voice is twinged with the slightest hint of a growl as his chest starts visibly heaving with his poorly concealed rage.
“Order!” The judge immediately scolds Donnie for the slip of his tongue. “Answer the question, Mr. Barksdale.”
“I reckon every man’s got a right to protect what belongs to him.” Donnie finally admits through thinly veiled irritation.
“Is that what you call it, Mr. Barksdale?” Kevin leans forward slightly, as he steps closer to the witness stand. “Is that what you were doing yesterday, outside this very courthouse, when you forcibly hauled my client out of sight of any potential witnesses and pinned her against a wall with the intention of intimidating her?”
Leaning forward in his seat, Donnie grips the edge of the witness stand until his knuckles turn white. “You got some goddamn nerve twistin’ the truth like that.” his menacing voice rises with fury. “I was tryna have a private conversation with my wife but you can’t resist stickin’ your nose where it don’t belong. You’re nothin’ but a snake in a fancy suit, tryna fill my wife’s head with your poison and steal her away for yourself but I ain’t gonna let you have her. She’s my goddamn wife! Mine! She belongs to me and no ones gonna tell me any different!”
“Order!” once again the judge pipes up with an authoritative tone, trying to control Donnie’s outburst. “Mr. Barksdale, I will not tolerate that kind of hostility in my court! This is your final warning.”
“Your honour, I believe Mr. Barksdale’s temperament speaks for itself,” Kevin calmly addresses the judge in a composed manner. “His outburst here today offers us a glimpse at the mere surface of the ongoing abuse and intimation my client has endured throughout her marriage to Mr. Barksdale. I have no further questions.”
“Mr. Barksdale, you are on thin ice. One more outburst like that, and I will hold you in contempt of court. Do you understand?” The judge turns to Donnie with a disapproving frown after acknowledging Kevin’s statement.
Donnie offers the judge a curt nod, but the his clenched jaw and sneering expression betray the anger that is still running through his veins like boiling hot magma.
As soon as Kevin sits back down beside you, your hand is immediately enveloped by his, the soft touch is a soothing comfort easing the discomfort and tension that still lingers within from Donnie’s outburst.
“You alright?” Kevin whispers, his eyes radiating concern as gives your hand a gentle squeeze, understanding how triggering hearing Donnie’s outburst might have been for you. When you offer him a silent nod, he sends you a wink that you find comforting, as it showcases his ease and confidence. “It’s almost over now.”
˙ ✩°˖🏛️ ⋆。˚
“After careful consideration of the evidence presented in this case, it is clear to this court that Mrs. Y/N Barksdale has endured significant hardship and abuse at the hands of her husband, Mr. Donnie Barksdale. Therefore, it is the ruling of this court that the divorce petition filed by Mrs. Y/N Barksdale be granted. Additionally, a restraining order shall be issued against Mr. Donnie Barksdale, prohibiting any contact with Mrs. Barksdale or her immediate family. Furthermore, Mr. Donnie Barksdale shall be required to undergo anger management counselling and attend regular check-ins with a court-appointed counsellor to ensure compliance with the terms of this ruling.” As the judge announces the ruling, a wave of overwhelming relief rips through your body. Raising a trembling hand to you mouth you sob into your palm as you look at Kevin, just to make sure you are hearing correctly.
The smile of triumph Kevin’s face is enough to confirm that you weren’t imagining it, as sobs of relief continue to shake through you, Kevin pulls you into his embrace. Leaving a kiss on your forehead, his soft hand gently strokes your back, soothing the overwhelming emotion that has taken over your senses. His comforting clean scent envelopes you as you burrow into the crook of his neck and wrap your own arms around his shoulders.
“Let’s get you outta here.” Kevin whispers in your ear, before he helps you out your seat, a sturdy arm around your waist keeping you steady. Only once your on your feet do you realise Donnie is being restrained by security as his fury filled eyes glare daggers at you full of unrestrained rage and malice.
“You filthy whore! You connivin’ bitch! You think you can just walk away from me?!” Donnie’s thunderous voice echos through the courtroom as he’s held back by two security guards, his body thrashing to escape their unyielding hold. His long hair flying around his face as he spits and snarls like a wild beast. “You’ll never get rid of me! You and that damn fuckin’ snake of a lawyer! I’ll hunt you both down, you fuckin’ hear me?”
Kevin tries to get you away from the commotion as quickly as possible with a protective arm around you, urging you to not look at your now ex-husband as he swiftly ushers you out of the courthouse.
As the sunlight strokes your face, you take a deep breath of the cool breeze that welcomes you like a reprieve, sweeping away any echo of Donnie’s rage that still rung in your ears. You lean into Kevin’s side, grateful for his steady and calm presence beside you.
“You’re free now, Y/N. He can’t hurt you anymore.” Kevin whispers into your ear with a confident assurance, dismissing the validity of Donnie’s threats. When you lean your head against his shoulder, he cups the nape of your neck before leaving a tender kiss on your temple.
“I wanna get away from here.” you whisper, as Kevin gently tilts your chin up to meet his warm gaze.
“I’ll take you anywhere you wanna go.” Kevin promises without any hesitation, “just tell me where.”
Kevin’s promise makes anything seem possible, like no dream is too big and by his side you truly feel like the world is your oyster.
“I’ve always wanted to visit New York…” you look up at Kevin, your eyes over brimming with hope for a new beginning.
“New York it is.” Kevin smiles down at you, mirroring the yearning for an adventure in your eyes and he takes your hand in his and leads you towards his convertible.
⋆。°✩ note i: in the beginning I kinda wanted to leave Kevin and readers relationship up to interpretation but I think that ending gives away the fact that they’re a little more than just lawyer and client.
⋆。°✩ note ii: I have an idea for a prequel revolved around how Kevin and reader met and began their affair which I might work on depending on the response to this fic!
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mariacallous · 11 months ago
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rjzimmerman · 15 days ago
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Yesterday felt like an earthquake shook the foundations of our climate and environmental laws, followed by a hurricane that scattered the bits all over the place and a wildfire that burned those bits that weren't scattered. I didn't watch any part of yesterday's debauchery, either on TV or streaming or the alerts that pop up on my iPhone or iPad, or read anything (neither national, local or environmental or climate specialized media). I figured most of the crap he did yesterday will be the subject of strategic lawsuits, and much will be tossed out as contrary to legislation or regulation or unconstitutional. In other words, I'll pay attention to the reconstruction, not the destruction. But.......it was still a horse shit day.
This compilation from the Sabin Center for Climate Change Law (of the Columbia Law School/Columbia Climate School) is outstanding. Click/tap on the caption of this post and you'll be able to figure out what happened and sort things out as you want. Just click/tap on the caption and go for it. But if you don't want to do that, here's the compilation, abbreviated. Italicized/red fonts are my addition, either explanatory or editorial.
PUTTING AMERICA FIRST IN INTERNATIONAL ENVIRONMENTAL AGREEMENTS
Withdraw from Paris Climate Agreement
Withdraw from any other agreements made under UN Framework Convention on Climate Change (UNFCCC)
Revoke any financial commitments under UNFCCC
Revoke U.S. International Climate Finance Plan
DECLARING A NATIONAL ENERGY EMERGENCY
Declares national energy emergency, primarily based on high energy prices
Use any lawful emergency authorities “to facilitate the identification, leasing, siting, production, transportation, refining, and generation of domestic energy resources.”
Use Defense Production Act and federal eminent domain authorities
Issue emergency fuel waivers to allow year-round sale of E15 gasoline (E15 is ethanol/gasoline mix)
“Expedite the completion of all authorized and appropriated infrastructure, energy, environmental and natural resources projects”
Use emergency authorities and nationwide permits to grant approvals under Clean Water Act Sec. 404, Rivers and Harbors Act Sec. 10, and Marine Protection Research and Sanctuaries Act Sec. 103 for energy projects
Use emergency consultation processes under Endangered Species Act, and frequent convening of Endangered Species Act Committee, for energy projects
Use construction authority of Army Corps of Engineers
The term “energy” is defined to mean “crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals” [not wind or solar] (excluding wind and solar is childish and just plain stupid)
UNLEASHING AMERICAN ENERGY
“eliminate the ‘electric vehicle (EV) mandate’ and promote true consumer choice … by terminating … state emissions waivers that function to limit sales of gasoline-powered automobiles; and by considering the elimination of unfair subsidies and other ill-conceived government-imposed market distortions that favor EVs” (the elon musk pacifier....i.e., Tesla)
“safeguard the American people’s freedom to choose from a variety of goods and appliances, including but not limited to lightbulbs, dishwashers, washing machines, gas stoves, water heaters, toilets, and shower heads”
Require all agency heads to review all existing regulations “that impose an undue burden on the identification, development, or use of domestic energy resources – with particular attention to oil, natural gas, coal, hydropower, biofuels, critical mineral, and nuclear energy resources”
Attorney General “shall consider whether pending litigation against illegal, dangerous, or harmful policies should be resolved through stays or other relief”
Revocation of many executive orders
Terminate the American Climate Corps
Council on Environmental Quality must propose rescinding its NEPA regulations (NEPA regulations are the core of our environmental laws)
CEQ to convene working group to expedite permitting approvals
“all agencies must prioritize efficiency and certainty over any other objectives, including those of activist groups that do not align with the policy goals”
“facilitate the permitting and construction of interstate energy transportation and other critical energy infrastructure, including … pipelines”
In NEPA and other permitting reviews, “agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond those requirements are eliminated”
Disband Interagency Working Group on the Social Cost of Greenhouse Gases; all of its guidance, recommendations, etc. are withdrawn
Consider eliminating the “social cost of carbon” calculation
EPA in collaboration with other agencies shall submit recommendations to OMB “on the legality and continuing applicability” of the greenhouse gas endangerment finding of 2009 (this is the core concept from the US Supreme Court case that provides the legal basis for greenhouse gas controls)
Immediately pause disbursement of funds appropriated through Inflation Reduction Act or Infrastructure Investment and Jobs Act; review processes for issuing grants, loans, contracts, or any other financial disbursement of appropriated funds
Secretary of Energy to restart reviews of applications for approvals of LNG export projects
Maritime Administration to review approvals for proposed deepwater ports for LNG export
“identify all agency actions that impose undue burdens on the domestic mining and processing of non-fuel minerals and undertake steps to revise or rescind such actions”
UNLEASHING ALASKA’S EXTRAORDINARY RESOURCE POTENTIAL
Expedite permitting and leasing of energy and natural resource projects in Alaska
Prioritize development of Alaska’s LNG potential
End restrictions on development of Arctic National Wildlife Refuge and certain other areas in Alaska
Numerous other actions to facilitate energy development in Alaska
TEMPORARY WITHDRAWAL OF ALL AREAS ON THE OUTER CONTINENTAL SHELF FROM OFFSHORE WIND LEASING AND REVIEW OF THE FEDERAL GOVERNMENT’S LEASING AND PERMITTING PRACTICES FOR WIND PROJECTS
Stop leasing of federal waters for offshore wind
Issue no new or renewed approvals, rights of way, loans for onshore or offshore wind projects
“consider the environmental impact of onshore and offshore wind projects upon wildlife, including, but limited to, birds and marine mammals”
PUTTING PEOPLE OVER FISH: STOPPING RADICAL ENVIRONMENTALISM TO PROVIDE WATER TO SOUTHERN CALIFORNIA
Restart work “to route more water from the Sacramento-San Joaquin Delta to other parts of the state for use by the people there who desperately need a reliable water supply”
“The recent deadly and historically destructive wildfires in Southern California underscore why the State of California needs a reliable water supply and sound vegetation management practices in order to provide water desperately needed there”
DELIVERING EMERGENCY PRICE RELIEF FOR AMERICAN FAMILIES AND DEFEATING THE COST-OF-LIVING CRISIS
Among many other actions, “eliminate counterproductive requirements that raise the costs of home appliances”
“Eliminate harmful, coercive ‘climate’ policies that increase the costs of food and fuel”
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AK Press made some of their e-books free for a little while. These are the free ones.
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An exploration of how emergent strategies can help us meet this moment, survive what is to come, and shape safer and more just futures.
Practicing New Worlds explores how principles of emergence, adaptation, iteration, resilience, transformation, interdependence, decentralization and fractalization can shape organizing toward a world without the violence of surveillance, police, prisons, jails, or cages of any kind, in which we collectively have everything we need to survive and thrive.
Drawing on decades of experience as an abolitionist organizer, policy advocate, and litigator in movements for racial, gender, economic, and environmental justice and the principles articulated by adrienne maree brown in Emergent Strategy: Shaping Change, Changing Worlds, Ritchie invites us to think beyond traditional legislative and policy change to create more possibilities for survival and resistance in the midst of the ongoing catastrophes of racial capitalism—and the cataclysms to come. Rooted in analysis of current abolitionist practices and interviews with on-the-ground organizers resisting state violence, building networks to support people in need of abortion care, and nurturing organizations and convergences that can grow transformative cities and movements, Practicing New Worlds takes readers on a journey of learning, unlearning, experimentation, and imagination to dream the worlds we long for into being.
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In a style that bridges the divide between academia and activism, Street Rebellion develops a broader and more accurate understanding of how people struggle for liberation.
We are living in a time of uprisings that routinely involve physical confrontation—burning vehicles, barricades, vandalism, and scuffles between protesters and authorities. Yet the Left has struggled to incorporate rioting into theories of change, remaining stuck in recurring debates over violence and nonviolence. Civil resistance studies have popularized the term “strategic nonviolence,” spreading the notion that violence is wholly counter-productive. Street Rebellion scrutinizes recent research and develops a broad and grounded portrait of the relationship between strategic nonviolence and rioting in the struggle for liberation.
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¡No Pasarán! is an anthology of antifascist writing that takes up the fight against white supremacy and the far-right from multiple angles. From the history of antifascism to today's movement to identify, deplatform, and confront the right, and the ways an insurgent fascism is growing within capitalist democracies, a myriad of voices come together to shape the new face of antifascism in a moment of social and political flux.
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One of the most unique aspects of anarchism as a political philosophy is that it seeks to abolish the state. But what exactly is “the state”? The State is like a vast operating system for ordering and controlling relations among human society, the economy, and the natural world, analogous to a digital operating system like Windows or MacOS. Like a state, an operating system “governs” the programs and applications under it and networked with it, as well as, to some extent, the individuals who avail themselves of these tools and resources. No matter how different states seem on the surface they share core similarities, namely:
* The State is a relatively new thing in world history
* The State is European in origin and outlook
* States are “individuals” in the eyes of the law
* The State claims the right to determine who is a person
* The State is an instrument of violence and war
* The State is above the law
* The State is first and foremost an economic endeavor
Anyone concerned with entrenched power, income inequality, lack of digital privacy, climate change, the amateurish response to COVID-19, or military-style policing will find eye-opening insights into how states operate and build more power for themselves—at our expense. The state won’t solve our most pressing problems, so why do we obey? It’s time to think outside the state.
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Joyful Militancy investigates how fear, self-righteousness, and moralism infiltrate and take root within liberation movements, what to do about them, and ultimately how tenderness and vulnerability can thrive alongside fierce militant commitment.
Why do radical movements and spaces sometimes feel laden with fear, anxiety, suspicion, self-righteousness, and competition? Montgomery and bergman call this phenomenon rigid radicalism: congealed and toxic ways of relating that have seeped into social movements, posing as the “correct” way of being radical. In conversation with organizers and intellectuals from a wide variety of political currents, the authors explore how rigid radicalism smuggles itself into radical spaces, and how it is being undone
Interviewees include Silvia Federici, adrienne maree brown, Marina Sitrin, Gustavo Esteva, Leanne Betasamosake Simpson, Walidah Imarisha, Margaret Killjoy, Glen Coulthard, Richard Day, and more.
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Self-help, society-help, and planet-help to shape the futures we want. A resolutely materialist spirituality based equally on science and science fiction: a wild feminist and afro-futurist ride!
Inspired by Octavia Butler's explorations of our human relationship to change, Emergent Strategy is radical self-help, society-help, and planet-help designed to shape the futures we want to live. Change is constant. The world is in a continual state of flux. It is a stream of ever-mutating, emergent patterns. Rather than steel ourselves against such change, this book invites us to feel, map, assess, and learn from the swirling patterns around us in order to better understand and influence them as they happen. This is a resolutely materialist “spirituality” based equally on science and science fiction, a visionary incantation to transform that which ultimately transforms us.
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kaurwreck · 4 months ago
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One of my law professor once said, "You're a lawyer defending your case. There's gotta be blood. It has to be bloody because you're not nice. You shouldn't be nice. You're a lawyer. And you're here to win your case." and although im aware that he said it mostly as a joke—before he said that he pointed one of my classmate to tell him how they'd defend their company in the face of lawsuit and got a little disappointed with how tame my classmate answer was—i can't help but be curious of your thought on that as someone who's working in the field
We are ethically obligated to be zealous advocates for our clients. However, it is immensely difficult to advocate for your client effectively if you've managed to make everyone else involved, including the judge and opposing counsel, angry.
To provide an example, when I was a paralegal at a plaintiff-side workers' compensation firm, opposing counsel once forced our horrifically injured client to travel an hour to our office for a settlement conference, despite not having the authorization to settle for anything close to an amount he should have recognized as reasonable. My attorney, rightfully and righteously furious, laid into him in the middle of our office, humiliating him in front of the parties and our firm. Four days later, my attorney realized we needed a deadline extension, for which we'd have to request opposing counsel's permission. Opposing counsel was gracious enough to agree to the extension, but he very well could have said no after how we spoke to him, and that would have damaged our client's case.
More recently, as a transactional attorney, I was tasked with drafting a disengagement letter addressed to a manufacturer who had failed to design the product my nonprofit client ordered to my client's specifications, which had, for lack of a better term, fucked my client re: my client's other obligations. The law and facts were on our side; if the matter went before a court, we very likely would have won, and easily at that. (For frame of reference, my client serves disadvantaged children. Even the optics were on our side.) But, my client is a nonprofit, and every penny spent on litigation would have been a penny taken from my client's mission. Thus, to zealously advocate for my client, I couldn't go balls to the wall such that the other party became incensed and filed suit or protracted our disengagement process.
You don't have to be nice, but you have to be professional, thoughtful, and strategic. You don't win lawsuits and negotiations from drawing blood. You do so by achieving the outcome that your client asked you to achieve.
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That's great, but how does this work when federal contractors and universities with massive federal grant dollars are still following a racialist and, in some cases, racist agenda? Trump's executive order, as it turns out, is much more than an attack on DEI in government; it is a declaration of war against DEI anywhere. Federal contractors must certify they do not adhere to DEI as a condition of holding contracts. (iv)   The head of each agency shall include in every contract or grant award: (A)  A term requiring the contractual counterparty or grant recipient to agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and (B)  A term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws. Further into the executive order, you find this assignment given to the federal bureaucracy. (b) To further inform and advise me so that my Administration may formulate appropriate and effective civil-rights policy, the Attorney General, within 120 days of this order, in consultation with the heads of relevant agencies and in coordination with the Director of OMB, shall submit a report to the Assistant to the President for Domestic Policy containing recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. The report shall contain a proposed strategic enforcement plan identifying:
(i)    Key sectors of concern within each agency’s jurisdiction; (ii)   The most egregious and discriminatory DEI practitioners in each sector of concern; (iii)  A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences.  As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars; (iv)   Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws; (v)    Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and (vi)   Potential regulatory action and sub-regulatory guidance.
Read that carefully. Trump anticipates targeting DEI for civil rights violations. He also requires "each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars." When you consider the number of federal agencies, this is nothing less than an all-out effort to eradicate DEI. Couple this with a changed legal environment (Affirmative Action Has a Very Rough, No Good Day at the Supreme Court – RedState), and there is a real possibility that businesses, universities, and non-profits will have to choose between DEI and federal funds.
About damn time.
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sngii1726 · 11 months ago
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What is the effect of Saturn in the 6th house?
The placement of Saturn in the 6th house of a birth chart can have several astrological effects, both positive and challenging, depending on various factors such as aspects, conjunctions, and the overall chart configuration. Here are some potential interpretations:
Work Ethic and Discipline: Saturn in the 6th house often signifies a strong work ethic, discipline, and reliability in matters related to employment, daily routines, and service to others. The individual may excel in professions requiring perseverance and attention to detail.
Service-Oriented Approach: This placement suggests a sense of duty and responsibility towards helping others, particularly in areas related to health, caregiving, or service-oriented professions. The individual may find fulfillment in roles that involve assisting those in need.
Health Challenges: Saturn in the 6th house can indicate a predisposition towards health issues or chronic conditions, particularly related to bones, joints, skin, or digestive system. However, it can also imply resilience and the ability to overcome health challenges through disciplined lifestyle choices.
Efficient Problem-Solving Skills: Individuals with Saturn in the 6th house tend to approach problems and obstacles in a systematic and methodical manner. They have a practical mindset and can effectively manage day-to-day challenges with patience and perseverance.
Conflict with Co-workers or Subordinates: There may be challenges or conflicts with colleagues, employees, or subordinates in the workplace. The individual may encounter authority figures who impose strict rules or limitations in their professional environment.
Organization and Time Management: Saturn in the 6th house fosters a structured and organized approach to managing tasks, responsibilities, and deadlines. The individual may excel in administrative roles or leadership positions that require efficiency and accountability.
Legal Matters and Litigation: This placement can indicate involvement in legal disputes, lawsuits, or conflicts related to work, health, or daily routines. However, with Saturn's influence, there is potential for a disciplined and strategic approach to resolving legal issues.
Service to Community or Society: Saturn in the 6th house encourages a sense of duty and service towards the community or society at large. The individual may actively participate in volunteer work, social welfare programs, or humanitarian causes.
It is important to consider the entire birth chart and use the Kundli Chakra Professional 2022 software for a comprehensive analysis of the effects of Saturn in the sixth house, as individual circumstances and mitigating factors can significantly influence the results.
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effectual-services · 9 days ago
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Patent Licensing and Litigation Support
Effectual Services is a leading provider of patent licensing and litigation support services, offering comprehensive solutions to help businesses maximize the value of their intellectual property.
With expertise in patent law, business strategy, and technology, Effectual Services assists clients in navigating complex licensing agreements and protecting their innovations in a competitive marketplace.
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The company's patent licensing services help clients identify and capitalize on revenue-generating opportunities through effective licensing agreements. They offer tailored strategies to secure licensing deals that align with their clients’ business goals, enabling them to monetize their patent portfolios.
Effectual Services works closely with clients to negotiate favourable terms, mitigate risks, and ensure compliance with relevant laws and regulations.
In addition, Effectual Services provides robust litigation support to help clients safeguard their patents in the event of legal disputes. Their team of experts offers Patent litigation strategy development, expert witness services, and thorough patent analysis, ensuring clients are well-prepared for court proceedings. They assist with patent infringement cases, patent validity assessments, and provide ongoing support through all stages of litigation.
With a commitment to delivering high-quality services, they have become a trusted partner for companies seeking to protect their innovations and maximise the value of their patents.
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gotyouanyway · 10 months ago
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project revenant being almost this vague background thing going on instead of the #1 foremost plot point in time war is crazy and genius imo bc on one hand they are bringing the dead back to life to fight and work in their war and that's batshit. but on the other hand i think it would get really boring to spend every episode litigating this one aspect of the war, and the simple fact of it being background noise says more interesting things about gallifreyan culture than any amount of star trek style ethical debate ever would. thinking about when leela called it abhorrent or whatever and essentially got told "don't apply your human morals to time lord society. our planet, our way of doing things." and the other time lords definitely don't seem as disgusted as leela is (and as disgusted as i'm sure the audience is meant to be). romana and narvin weakly object, but even when they try to shut it down it's on strategic grounds instead of moral ones. and then narvin talks about it almost casually like "it would be weird if they brought my dad back haha" it's just. fascinating to watch.
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toptaxlawlirmindelhi · 2 months ago
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Best Tax Lawyers in Delhi: Expert Legal Guidance
Understanding the Role of a Tax Law Firm in Delhi
When it comes to navigating the complexities of tax laws, a reliable tax law firm in delhi plays an essential role. These firms specialize in providing expert legal advice on matters related to taxation, helping businesses and individuals minimize their tax liabilities, resolve disputes, and stay compliant with tax regulations. Tax law firms in Delhi are equipped with experienced professionals who possess deep knowledge of both local and international tax laws.
What Sets the Best Tax Law Firm in Delhi Apart?
The best tax law firm in delhi stands out for its unparalleled expertise, professionalism, and a track record of success in handling a wide range of tax-related issues. Leading firms like Aayati Legal are known for their:
Specialized Expertise: Top tax law firms employ lawyers who specialize in various areas of tax law, ensuring clients receive the best possible representation.
Successful Track Record: Leading firms have a proven history of resolving complex tax disputes, offering strategic tax planning, and helping businesses navigate corporate tax matters.
Client-Focused Approach: A trusted tax law firm in delhi prioritizes the needs of their clients, ensuring every legal solution is tailored to their specific tax requirements.
Key Services Provided by Top Tax Law Firms
The best tax law firm in delhi offers a comprehensive range of services to individuals and businesses, including:
Tax Dispute Resolution: Expert representation in tax audits, disputes with tax authorities, and litigation.
Tax Planning and Strategy: Strategic guidance to minimize tax liabilities while ensuring compliance with tax laws.
Corporate Taxation: Offering legal advice on corporate tax issues, mergers, acquisitions, and corporate compliance.
International Taxation: Providing guidance on cross-border tax matters, ensuring businesses with international operations remain compliant.
Indirect Taxes (GST, Customs, etc.): Assisting clients with matters related to indirect taxes, including GST and other applicable levies.
These services ensure that clients can manage their tax affairs efficiently, minimizing risks while maximizing legal advantages.
Why Aayati Legal is the Leading Tax Law Firm in Delhi
Aayati Legal is recognized as a premier tax law firm in delhi, with a reputation for providing top-notch legal solutions to individuals and businesses. Known for their deep understanding of tax laws and a client-centric approach, Aayati Legal’s team works tirelessly to resolve tax disputes, provide corporate tax solutions, and offer practical tax planning advice. Whether you’re dealing with a tax dispute or need assistance with corporate tax matters, Aayati Legal is equipped to guide you through every aspect of tax law.
How to Choose the Best Tax Law Firm in Delhi
Choosing the right tax law firm in delhi is crucial for ensuring that your tax matters are handled with expertise and professionalism. Here are some key considerations:
Specialization and Experience: Ensure the firm specializes in tax law and has a successful track record in handling complex cases.
Range of Services: Choose a firm that provides a full range of tax services, from planning to dispute resolution.
Client Reviews: Look for testimonials and reviews from clients who have worked with the firm in the past.
Personalized Legal Advice: Opt for a firm that takes the time to understand your specific tax needs and provides customized solutions.
By following these guidelines, you can select the best tax law firm in delhi to represent your interests.
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justinspoliticalcorner · 6 months ago
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NYT: Harris Campaign’s Legal Team Takes Shape as Election Battles Heat Up
Nick Corasantini at NYT:
Amid threats of certification battles and mass voter challenges, Vice President Kamala Harris’s presidential campaign has assembled an expansive senior legal team that will oversee hundreds of lawyers and thousands of volunteers in a sprawling operation designed to be a bulwark against what Democrats expect to be an aggressive Republican effort to challenge voters, rules and, possibly, the results of the 2024 election.
The legal apparatus within the Harris campaign will oversee multiple aspects of the election program, including voter protection, recounts and general election litigation, and it is adding Marc Elias, one of the party’s top election lawyers, to focus on potential recounts. The legal group is headed by Bob Bauer, who served as personal counsel to President Biden for years, and Dana Remus, the general counsel to the 2020 Biden campaign, and also includes Maury Riggan, the general counsel for the Harris campaign. Josh Hsu, formerly from the vice president’s office, will join the team, and Vanita Gupta, a former director of the Leadership Conference on Civil and Human Rights and a top Biden Justice Department official, is an informal adviser. The campaign will also lean on the top lawyers at three prominent law firms — Seth Waxman, Donald Verrilli and John Devaney — to handle litigation, and deploy local counsel to eight battleground states and four other states of interest.
Mr. Elias, who has had tensions with Mr. Bauer and other Democratic lawyers in the past, will also bring lawyers from his growing firm, Elias Law Group. He has also previously worked for Ms. Harris, serving as general counsel for her primary campaign in 2020. Ms. Remus said in a statement that the legal team had been working “uninterrupted over the last four years, building strategic plans in key states, adding more talent and capacity, and preparing for all possible scenarios.” “This year, like in 2020, we have the nation’s finest lawyers at the table, ready to work together tirelessly to ensure our election will be free, fair and secure — and to ensure that all eligible voters will be able to cast their ballots, knowing their votes will be counted,” Ms. Remus said.
The origins of the effort date back to July 2020, when Walter Dellinger, a former acting solicitor general, called top officials on Mr. Biden’s legal team saying they needed to create “something we’ve never created before,” because the Trump campaign and its allies were beginning to bring cases and lay the groundwork for litigation. With the lessons of 2020 still fresh in Democrats’ minds, Harris advisers claim that the legal team is about 10 times the size of the 2020 operation. The expansive new Democratic legal team, and the opposing group at the Republican National Committee, is a reflection of the legal arms race that is the new reality of American elections since Mr. Trump’s election victory in 2016. The battle over whose votes count — not just how many votes are counted — has become central to modern presidential campaigns.
[...] Democrats have been highlighting recent wins in many of the court battles as part of their effort to get ahead of voting issues. In Nevada, a judge dismissed a lawsuit in July filed by Republicans challenging a state law that allows ballots arriving up to four days after Election Day to be counted. In Mississippi, a judge rejected a similar challenge from Republicans that ballots that are postmarked by Election Day but arrive five days later should not be counted. And in June, a federal judge rejected an argument from Republicans that voter rolls in Nevada had significant inconsistencies, finding that the R.N.C. and the voter who filed the lawsuit did not have legal standing. Core to the Democratic legal effort is the party’s voter protection program, which operates as both a traditional assistance program to voters as well as the eyes and ears of the legal team to help counter any false claims of fraud or malfeasance.
Helmed by Meredith Horton, the program is focused on eight battleground states (Arizona, Nevada, Michigan, Wisconsin, Pennsylvania, Georgia, North Carolina and New Hampshire) as well as four states of interest (Florida, Virginia, Minnesota and Maine). The program has more than 100 staff members across those 12 states, they said, buttressed by hundreds more volunteers and thousands of poll monitors recruited by the party. “This program is one that we are building to meet this moment,” Ms. Horton said in an interview, calling it the largest of its kind in Democratic presidential campaign history.
The New York Times reports that the Kamala Harris campaign’s legal team has begun to form in anticipation for post-Election Day battles akin to 2020.
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mariacallous · 11 months ago
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Soon after Elon Musk took control of Twitter, now called X, the platform faced a massive problem: Advertisers were fleeing. But that, the company alleges, was someone else’s fault. On Thursday that argument went before a federal judge, who seemed skeptical of the company's allegations that a nonprofit’s research tracking hate speech on X had compromised user security, and that the group was responsible for the platform’s loss of advertisers.
The dispute began in July when X filed suit against the Center for Countering Digital Hate, a nonprofit that tracks hate speech on social platforms and had warned that the platform was seeing an increase in hateful content. Musk’s company alleged that CCDH’s reports cost it millions in advertising dollars by driving away business. It also claimed that the nonprofit’s research had violated the platform’s terms of service and endangered users’ security by scraping posts using the login of another nonprofit, the European Climate Foundation.
In response, CCDH filed a motion to dismiss the case, alleging that it was an attempt to silence a critic of X with burdensome litigation using what’s known as a “strategic lawsuit against public participation,” or SLAPP.
On Thursday, lawyers for CCDH and X went before Judge Charles Breyer in the Northern California District Court for a hearing to decide whether X’s case against the nonprofit will be allowed to proceed. The outcome of the case could set a precedent for exactly how far billionaires and tech companies can go to silence their critics. “This is really a SLAPP suit disguised as a contractual suit,” says Alejandra Caraballo, clinical instructor at Harvard Law School's Cyberlaw Clinic.
Unforeseen Harms
X alleges that the CCDH used the European Climate Foundation’s login to a social network listening tool called Brandwatch, which has a license to access X data through the company’s API. In the hearing Thursday, X’s attorneys argued that CCDH’s use of the tool had caused the company to spend time and money investigating the scraping, for which it also needed to be compensated on top of payback for how the nonprofit’s report spooked advertisers.
Judge Breyer pressed X’s attorney, Jonathan Hawk, on that claim, questioning how scraping posts that were publicly available could violate users’ safety or the security of their data. “If [CCDH] had scraped and discarded the information, or scraped that number and never issued a report, or scraped and never told anybody about it. What would be your damages?” Breyer asked X’s legal team.
Breyer also pointed out that it would have been impossible for anyone agreeing to Twitter's terms of service in 2019, as the European Climate Foundation did when it signed up for Brandwatch, years before Musk’s purchase of the platform, to anticipate how its policies would drastically change later. He suggested it would be difficult to hold CCDH responsible for harms it could not have foreseen.
“Twitter had a policy of removing tweets and individuals who engaged in neo-Nazi, white supremacists, misogynists, and spreaders of dangerous conspiracy theories. That was the policy of Twitter when the defendant entered into its terms of service,” Breyer said. “You're telling me at the time they were excluded from the website, it was foreseeable that Twitter would change its policies and allow these people on? And I am trying to figure out in my mind how that's possibly true, because I don't think it is."
Speaking after the hearing, Imran Ahmed, CEO of CCDH, was optimistic about the direction of the judge’s inquiry. “We were particularly surprised by the implication in X Corp.’s argument today that it thinks that CCDH should somehow be on the hook for paying for X Corp. to help neo-Nazis, white supremacists, and misogynists escape scrutiny of their reprehensible posts,” he says. “We can't help but note that X Corp. really had no response to our assertion that Musk changed X's policies to reinstate white supremacists, neo-Nazis, misogynists, and other propagators of hateful and toxic content.”
Breyer did not indicate Thursday when he would rule on whether the case could move forward.
Broken Trust
After taking over Twitter in late 2022, Musk fired much of the company's trust and safety team, which kept hateful and dangerous content as well as disinformation off the platform. He then also offered amnesty to users who had been banned for violating the platform’s policies. CCDH is among a number of organizations and academics who have published evidence showing that X has become a haven for harmful and misleading content under Musk’s watch.
The suit against CCDH was just one of many ways in which platforms have sought to limit transparency in recent years. X now charges $42,000 for access to its API, making analyzing data from the platform financially inaccessible to many researchers and members of civil society. For its part, Meta has wound down CrowdTangle, a tool that allowed researchers and journalists to track the spread of posts, and cut off researchers at New York University who were studying political ads and Covid-19 disinformation.
Both Meta and X filed suit against Bright Data, a third-party data collection service, for scraping their platforms. In January, Meta’s case against Bright Data was dismissed. “The Facebook and Instagram Terms do not bar logged-off scraping of public data; perforce it does not prohibit the sale of such public data,” wrote US federal judge Edward Chen in his verdict. “The Terms cannot bar Bright Data’s logged-off scraping activities.”
Bright Data spokesperson Jennifer Burns calls the platforms’ suits against the company “an effort to build a wall around publicly available data.”
Caraballo, of Harvard Law School, says Elon Musk appears to have decided lawsuits are a good strategy for silencing critics of his social platform. In November, X filed a lawsuit against the watchdog group Media Matters for America, accusing the group of trying to drive advertisers away from the platform by reporting how ads appeared next to neo-Nazi content.
The suit was filed in Texas, where anti-SLAPP laws that can be used to quash frivolous lawsuits do not apply in federal courts, which will make it more difficult for the case to be dismissed, says Caraballo. “I think it's incredibly concerning that this is part of that broader pattern, because these are the mechanisms that hold powerful companies accountable,” she says.
She guesses that while X might be able to move forward with a narrow version of its claim that CCDH breached its terms of service, “most of the claims will get tossed out.”
X did not respond to request for comment by the time of publication.
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