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.
Frazer on whether the American Revolution was a “Just War”
Gregg Frazer has a new article out in the Journal of Military Ethics entitled “The American Revolution: Not a Just War.” Dr. Frazer has, if you don’t remember, made the case that the American Revolution violated the biblical injunction against revolution contained in Romans 13. Of course, such a claim would spark controversy among American Christians who take a “patriotic” view of history.
This article is much deeper in that it explores the American Revolution through the lens of the eight classic criteria for what constitutes a “just war.”
The most famous and fateful example of this pattern concerned the Tea Act and the colonial response to it. After complaints from the colonists, Parliament withdrew most of the Townshend Acts – except for a 1.7 per cent tax on tea. The Tea Act, which gave the British East India Company tariff breaks, actually lowered the cost of tea for Americans despite the remaining tax. The primary target of the Tea Act was Ireland, not the American colonies, but the only subjects who responded violently were the Americans. The so-called Sons of Liberty used threats and violence to prevent Bostonians from making their own choice of whether to buy tea at a cheaper price. Due to their threats, few dared to accept the tea and many ships were turned away without unloading. In Boston, the governor’s sons agreed to take consignment of the tea, but the Sons of Liberty made sure that the dock workers would not unload the cargoes. Without legal authority, they then threatened the ship captains to get them to leave or at least not pay the duty required; but if the duty were not paid, the governor would not allow the ships to leave and customs officials could eventually seize the cargo. The end result would be that the tea would enter Boston’s market and Bostonians would have the choice of buying the cheaper tea. Rather than allow Bostonians that choice, the Sons of Liberty dumped 342 chests of tea into Boston harbor, destroying £8000 to £18,000 worth of tea. In today’s currency, the value of the tea would be $2 – 4 million. The Boston Tea Party was much more than a simple prank (Harvey 2002 : 113).
Benjamin Franklin, America’s friends in Parliament and the American public were shocked by this vandalism, but Boston refused to punish the perpetrators or to pay for the destroyed property. Colonial authorities had previously refused to punish other lesser- known incidents of violence and vandalism, such as the Gaspee incident in which a ship’s captain was shot and a law-enforcement ship burned by the Sons of Liberty without consequence. Repeated acts of this kind forced the British to pass tougher laws and take greater control. After the so-called Tea ‘Party’, the British government had to decide between reasserting its authority or losing Massachusetts. As a result, a series of punitive laws called the Coercive Acts (which the colonists called the ‘Intolerable Acts’) were passed. That punishment for lawlessness produced greater cries of ‘tyranny’. Again, one should think of what would happen if such acts were committed today in the US. Would the governing authorities just look the other way or dismiss it as a ‘party’? If punishing acts of violence and vandalism is a normal, reasonable function of government, then the Americans’ just cause claims must be questioned.
That just scratches the surface. Read the whole thing.