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.
Prop. 8 and the Future
Jonathan Capehart makes the case that if California’s Proposition 8 were to be struck down in Perry v. Schwarzenegger, we could expect a significant anti-SSM backlash, possibly including a federal constitutional amendment. Meanwhile, a U.S. Supreme Court ruling affirming Prop. 8 — the more likely outcome — would set back the cause for decades.
I fear he’s right. Opinions are definitely changing, but they aren’t changing all that fast. Among states that have had same-sex marriage for any significant length of time, it’s rare to see a successful repeal effort.
This leads to an interesting hypothesis, so far not yet falsified: Although a future with same-sex marriage is a fearful prospect to many people, when same-sex marriage arrives, people typically stop worrying about it. Demonstrations, in other words, are uniquely successful. Even California itself was almost an example of the trend — with an appallingly inept and disorganized opposition, and a rock-solid, well-organized support base, Prop. 8 still only won by 53%.
Yes, supporters still have a lot of work to do to convince the country that same-sex marriage isn’t going to destroy civilization, or lead to man-on-box-turtle sex, or cause the end of mommies and daddies forever. What they appear to need are more successful, ho-hum state-level experiments, which tend to make same-sex marriage look like common sense. Trying to force the issue on the entire country doesn’t look like common sense. It looks like desperation.