In a decision with potentially large ramifications, New York Federal Judge LaShann DeArcy Hall won't dismiss a libel suit against "Shitty Media Men" creator Moira Donegan.
Explaining, the judge says it is possible that Donegan created the entry herself. The judge believes that Elliott should be able to explore whether the entry was fabricated. Accordingly, discovery proceeds, which will now put pressure on Google to respond to broad subpoena demands. The next motion stage could feature a high-stakes one about the reaches of CDA 230.
Good for Morrisey
People are missing a subtle but important point here. The comments are filled with “if my family was threatened, I’d cut off fingers” assertions, but then you’d also be breaking the law. Bybee and the OLC were asked what interrogators could do within the law, and instead the OLC reverse-engineered a legal opinion to allow them to violate it. I understand why they did, but it still violated the statute.
That’s what was wrong with John McCain’s assertion that a president could just break the law and hope Congress justified it later, rather than rewrite the statutes to make plain what could be done in the “ticking time bomb” scenario. The law is supposed to hold all people equally accountable. If we foresee a need to work outside the law, then change the law to make sure it covers those situations.