Rep Devin Nunes (R-CA21) is suing Devin Nunes’ Mom and Devin Nunes’ Cow for defamation. I cannot fully express the humor typing that out warms the cockles of my heart. However, as a matter of optics, it is frivolous and idiotic. For a member of congress, it is unbecoming, and legally should be summarily tossed out.
But let us back up.
Last Congress, Devin Nunes cosponsored a bill called the “Discouraging Frivolous Lawsuits Act”https://t.co/muQ0FhmUO7
— Aaron Blake (@AaronBlake) March 19, 2019
Oh? Well that is interesting, considering…
Stung by obscene and pointed criticism, Representative Devin Nunes, a Republican from California, said he was suing Twitter and three users for defamation, claiming the users smeared him and the platform allowed it to happen because of a political agenda.
The complaint, which Fox News reported was filed in Virginia on Monday, seeks $250 million in damages. In making his case, Mr. Nunes, a loyal ally of President Trump and the former chairman of the House Intelligence Committee, repeated several common Republican complaints that Twitter has repeatedly denied: that it censors Republicans, “shadow bans” their accounts and actively helps their opponents.
Though absorbing criticism comes with the territory for politicians, the complaint described the objectionable tweets from the three users as something “that no human being should ever have to bear and suffer in their whole life.”
To make his case, he cited a wide variety of tweets that included accusations of criminal misconduct, crude jokes at his expense and relatively banal criticism. The complaint says the tweets “falsely stated” that Mr. Nunes had brought “shame” to his family and that he was voted “Most Likely to Commit Treason” in high school, and that one of them included a cartoon image of a sexual act with Mr. Trump and President Vladimir V. Putin of Russia. The complaint lists dozens of other tweets he found insulting.
Just to be clear; sitting Congressman Devin Nunes, through counsel, has claimed in a court of law that Twitter accounts @DevinNunesMom and @DevinCow insulting him is too much pain and shame to bear and he should be entitled not only to relief but compensation.
I’m not sure what the current working definition of the overused “snowflake” is, but I submit this would work just fine.
Twitter is an easy target, and popular one for the right-leaning commentariat. The decision making by Jack and company can range from mildly bewildering to shockingly tone deaf. President Trump joins in on the chorus of criticisms, complaining about the very platform that he has used more than any other to drive the news cycle for the better part of three years now. It’s a company providing a service. A service folks use voluntarily. When signing up to use it voluntarily you agree to a user agreement that, in layman’s terms, gives that company the right to do pretty much whatever they want on said platform within the confines of the law. If you used Twitter you agreed to those terms. Same with Facebook or any other social media. Read the fine print; if you don’t like the terms, don’t agree to the arrangement.
I’m frankly tired of this line of argument that social media needs to be regulated for bias. If you don’t like how social media conducts itself, don’t use it. 15 years ago few had a Facebook account. Twenty years from now I doubt many will have a Twitter account. It will be on to the next new thing. If your argument is we must protect free speech by using the power of the government or courts to suppress free speech on platforms that you voluntarily use, the problem in free speech isn’t the tech companies, courts, or government. It is you.
Free speech means you get made fun of by internet randos. Which you can block or mute, a simple step one might consider before launching a high visibility, frivolous lawsuit. But since the point is to get the high visibility regardless of the greater ramifications of said lawsuit, that is the course of action Devin Nunes took.
Some will try to parse out the ongoing “publisher v speaker” arguments, but even if found to be a publisher there is plenty of precedent and a very high bar to clear for defamation. Hustler v Falwell is still on the books, last I checked, and public figures are not immune from mean words published, spoken, or even tweeted. Good luck proving actual malice on the part of Devin’s Cow and Mom.
No, the point is Devin Nunes, no longer having the lofty perch of a committee chairmanship that he used to turn the House Intelligence Committee into a total circus the past two years compared to the workings of it’s senate counterpart, has now decided to put on a show by suing Twitter.
A clown show.
Staring Devin Nunes.
Damn those SJW snowflakes trying to suppress free speech — looks at details — oh wait!Report
I demand an Ordinary Time’s Cow twitter account.Report
I changed my handle to “Devin Nunes’ Duck” in honor of this amazing lawsuitReport
This post presents an interesting contrast to arguments presented on another thread in which campus SJWs present a ominous threat to free speech because they’re loud and raucous even while we have a sitting (albeit moronic) GOP CCer actually trying to … restrict free speech.Report
On a related note, this: https://twitter.com/JeffreyASachs/status/1107641579978805250Report
Conservative attack speech which they feel attacks/mocks themselves or their perceived allies.
Liberals attack speech which they feel attacks/mocks themselves or their perceived allies.
Not really seeing the contrast here.Report
One is a sitting member of the body which enacts national laws; the other are students.Report
That’s a legit contrast, he really should know better.
I blame clown college for not properly educating him.Report
This is new. Devin Nunes is a product of the SJW academic indoctrination program.Report
It makes a lot of sense, especially if he views Trump as the worlds most oppressed individual.Report
NZ was a false flag op, too.
Some people say, anyway…Report
There isn’t really. Free speech isn’t actually super popular.
This means two things: there are a lot of censorious asses across the political spectrum [1], but more importantly those censorious asses are a constant more than they are part of a dangerous new trend.
[1] A lot of the push for censorship in the ’80s and ’90s came from people nearer to the middle, like Joe Lieberman.Report
I agree.
I don’t think I’ve ever said that censorious asshats are a dangerous new trend, only that the bulk of the desire is coming from the SJ left these days.
I grew up in the 80’s, I remember the panics over heavy metal & AD&D and oh so many other things the religious right just had to ban! Hell, I still recall them getting the vapors over Harry Potter. And back then, I was advocating against them.
The pendulum, it swings.Report
only that the bulk of the desire is coming from the SJ left these days.
If you read Popehat’s stuff (as a point of reference), the actual *legal* challenges to free speech consistently come from the right.Report
Ya know, I need to start doing that again (time, time, if I only had more time…).
You are probably right, and I suspect the college campuses will, in time, and after a few painful lawsuits, go back to letting the kids yell at each other, and stop trying to officially take sides.Report
Yeah I got an up close and personal view of the Campus Speech Wars the last time around and there was just far less than meets the eye. I think a lot of the attention happens because journalists hear about them through their kids, alumni networks, and the like.
One of those areas where the “elite” school pedigree really seems to make a difference is journalism.Report
The pendulum swings, but it seems the legal battles have largely been won by the right side since then. I don’t really see that changing in the future.Report
We’ll see what happens when we get past the “private corporations are not in the public square and therefore can refuse service to whomever they want!” phase.
Having moved from “the first amendment is a freedom of speech thing!” to a “freedom of speech is a first amendment thing!”, I imagine it will accelerate things.Report
Why do you think we’ll get past that phase?Report
Because it will eventually be inconvenient to people in power.
Why do you think we won’t move past it?Report
The number of times you’ve been wrong about worst case Cassandra scenarios ought to give even you pause about believing them now. 🙂
You’re the broken watch, dude.Report
That’s not a worst case scenario.
It’s merely a checkpoint on the way to the worst case scenario.Report
Oh!
I think the point here is that you’re always seeing signs that Armageddon is upon us (run!!!) rather than signs that things are getting better or staying the same. That’s a reflection of your character, not the world we live in. I mean, people like you have been prophesying the End Times for over two thousand years, right? (Even while you, specifically, *also* argue that quality of life is better for more people now than ever before.)
Add: And I know that Maribou has cautioned us about this aspect of your personality. Still, I can’t help but point it out.Report
@Jaybird:
Why do you think we won’t move past it?
Because it will remain convenient to the people in power.Report
Well, if things are getting better and better, I guess I just need to stop and smell the roses.
This is just a small hiccup in the Pax Americana, surely.Report
The Roses are what make your “divorce or war” scenario very unlikely. Most of the shit driving our politics exists many levels higher than people’s ability to put food on their families.Report
Trump is, surely, just a hiccup in the Pax Americana.
We just get rid of the Electoral College and, poof. Easy peasy.Report
IF Trump brings about “divorce or war” I promise to buy you all the food you can eat and liquor you can drink at the restaurant of your choosing. Maribou, of course, is also invited to our Armageddon dinner.
What will you buy me if you’re wrong?Report
You see potential causes where I see necessary pre-reqs.Report
Where are we eating if you’re wrong Jaybird?
I wanna know where to book reservations.Report
Pepper Tree?Report
Sure. 2028.
(I’m already waiting to see if there is something akin to a “black market” in medical care by 2025 due to a prediction I made back in 2010. I still owe Michael Cain two beers. We can pick him up and get him drunk.)Report
@stillwater, Hit ’em up for a night at the Broadmoor, with dinner, drinks, and breakfast there.
The only time I ever stayed there I was making a technology road show demo work*. My recollection is that it would have been nice to have been able to pay more attention to the hotel and food.
* I had it in writing that the hotel would provide us with 2×75-amp service in the ballroom. They wrote it up as 2×50-amp for the hotel head electrician. After I tripped the breaker the first time, he and I settled on I’d give him a private tour of the tech and buy him two single-barrel bourbons, he’d ignore the order and give me the 2×75-amp service. Power was one of the smaller problems that had to solved.Report
The stakes just got higher Jaybird. Broadmore it is. Our reconnaissance mission in or around Castle Rock is limited to discussions resolving the timing of the payment you owe, not the location. These principles are now non-negotiable.
I don’t know if the previous record reflects this but it was my intention to include a round of golf in the payment structure should you lose the bet. My attorneys will be in touch regarding those provisions.Report
Outdoors golf?Report
With electric carts!Report
You can win in court, but only after you hire an expensive lawyer. These lawsuits are a form of bullying, and I’m guessing they are heavily funded by wealthy right wingers.
It’s an abusive tool. The idea that “the left” is worse is largely a media generated smokescreen.Report
I think there’s an element of moral panic there, too. It’s a “kids these days” thing, and the people pushing the scare stories have more in common with the fundies flipping out about AD&D than the campus activists do.Report
@stillwater I’m allergic to pepper, so not there.
Places I’m deeply allergic to not included, I think if he’s wrong you should get to choose the restaurant, food and libations. It only seems balanced.Report
Oh I know, but I was thinking of it as a fun weekend getaway to the Springs and I don’t know any restaurants that are punishing to the pocket book. You guys do. 🙂Report
@stillwater Wait, I forgot the Pepper Tree is not the place I always think it is, but rather a place I keep meaning to check out and then forget because I get it confused with that other place. I withdraw any and all objections to it.Report
Noted and settled. Pepper Tree it is. As an aside, Jaybird’s “2028” thing is making me a little leery about the terms, gotta say. That’s, what ( begins counting on fingers…), a long time from now.Report
Well, maybe we should meet up in Castle Rock one of these days soon and discuss terms over lunch. Or supper.
We liked this place: https://www.unionamericanbistro.com/
But if there’s a joint you prefer that would be fine too.Report
Sorta like sending out the diplomatic team to iron out big obstacles in advance of more refined negotiations undertaken by the policy team. The only difference is that we’d be both teams.
Let’s do it. Tho I’m alright with eating at Pepper Tree and Jaybird picking up the tab. I mean, let’s be real here. No way divorce or war happens before 2028. 🙂
My wife’s on vacation right now. When she gets back we’ll talk more about logistics.Report
I approve of this plan.Report
Hey, I said it was coming. As for my scenario above, I was talking about getting past the “private corporations are not in the public square and therefore can refuse service to whomever they want!” phase.Report
See? This is why we need a meeting to iron out the terms. Jaybird’s already implying he *won’t* denuclearize the peninsula.Report
Devin Nunes beclowns himself. Also, Francisco Franco is still dead.Report
The headline here makes no sense. How can a professional clown ‘beclown’ himself? It’s like talking about the ocean taking a bath.
It should have been ‘Professional clown continues to act like a clown’.
Note: I am aware there is some dispute over whether Nunes is a professional or amateur clown, but he is clearly being paid by Russia, so in my book, he counts as professional.Report
I think a better metaphor would be the ocean soaked everything. When you beclown yourself, you make a fool of yourself to others. It is not something you do to yourself alone.Report
I suspect that true professional clowns and Portland residents would vehemently object to Nunes being included in their number.Report
#notallclownsReport
(#notallclowns mostly because tall clowns cannot fix in clown cars.)Report
More seriously, the way I think of the GOP and MAGAs under Trump is the way that Talleyrand described the Ancien Regime coming back to power after the French Revolution. “They learned nothing and remember everything.”
The modern right-wing with people like Nunes is incredibly thin-skinned and recalls every defeat, every insult, every burn, etc. I’m pretty convinced that Trump decided to run for President when he was fuming at Obama for roasting him at the White House Correspondent’s Dinner way back during Obama’s first term. They really don’t give a fuck about any perceived hypocrisy and think rules are for other people.Report
“They learned nothing and remember everything.”
That’s a great phrase!
Unfortunately for me, I’ll remember it without learning from it….Report
They remembered every thing the third estate did to them but not what caused the third estate to do it in the first place.Report
The foundation of the @DevinNunesMom lawsuit is apparent but the @DevinCow lawsuit should be immediately moot.Report
Lee, I’m going to need you to “accidentally” report this one too.Report
To err is human; to forgive, bovine.Report
I would think that would be MOOOt.Report
Bovine jokes, like life itself, always finds a way.Report
Congratulations to Andrew and cow humor, as this is Ordinary Times’s 750,000th comment.Report
Are you bullshitting us?Report
really not sure how I feel about this…Report
@andrew-donaldson It suits my mood just fine. Perhaps once you ruminate on it a bit…Report
Or as Joey said, its a moo point, a cow’s opinionReport
I’m always bewildered that these peoples’ handlers let them do things like this. You’d think there’d be at least one person who understands the Streisand effect, or at least who can do a basic cost/benefit analysis.Report
It is a whole wingnut ecosphere. These suit and the the two Covington suits demand 250 million. This makes me wonder whether there is a person willing to front the legal fees like Peter Thiel fronting fees in the Gawker case.
The lawyers involve also seem to be MAGAs.
The right wing has a lot of rich guys who seem willing to fund loss leaders as along as it pushes their ideology. The left not as much. Hence Pacifica’s constant struggle to keep the lights on.
I also don’t see the Streisand effect. People who think this suit is insane already loathed Nunes. His supporters are probably thinking “You go Nunez! Show those library’s. Now let me watch reruns of Judge Jeannie on Fox.”Report
Excuse me for this but… HAHAHAHAHAHAHAHAHA!!!!!!!
I tend to think Nunes planned to “milk this for all its worth” and yet it backfired. The sensitivity, my goodness.😂👍🏻Report