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.
Wednesday Writs for 6/24
Note: Due to a heavy work load at my paying gig, full case write-ups will occur bi-weekly for the time being, unless time permits. Thanks! -Em
WW1: Senator Mike Braun, R-Indiana, has introduced a bill to reform qualified immunity. Under Braun’s proposal, an officer would enjoy QI “only when they can prove their alleged conduct had previously been authorized by federal or state law, or when a court has found the alleged unlawful conduct was consistent with the U.S. Constitution and federal laws.” As discussed recently, the current state of the law provides the opposite, in which QI applies unless the conduct has been found unconstitutional previously, creating an endless loop. The problem is this: must the officer’s action have been affirmatively condoned, or will silence be deemed sufficient approval? Does the fact that QI has prevented so many incidents from reaching adjudication essentially mean that the conduct has been condoned by a Court?
WW2: President Trump announced he will sign an Executive Order protecting “historic” statutes from being torn down by protesters–hoodlums, anarchists, and agitators, according to the president– acknowledging that such destruction is already a violation of the law.
WW3: Interesting headline out of Idaho: “Far-right lawmakers to try to hold own special session, despite constitution, law.” Their stated goal is to overturn their governor’s executive orders regarding coronavirus restrictions. Providing security: Ammon Bundy of the 2016 Malheur National Wildlife Refuge Siege in Oregon, whose group will provide armed crowd control.
WW4: A convicted rapist in Pennsylvania will have his appeal of his conviction heard in the state Supreme Court. The Court has agreed to hear argument on whether the trial court erred in allowing the testimony of five women other than the victim in the case that the man had drugged and raped them, as was alleged at the trial. Secondly, the man says the Court should have thrown out the case because of a prosecutor’s alleged promise not to bring charges. The convicted rapist is a former comedian and television star.
WW5: An effort is underway to remove a loophole in the state constitution of Ohio, which permits slavery as punishment for crime. No word yet on whether the group behind the push intends to focus on the Thirteenth Amendment next.
WW6: The Supreme Court ruled this week that the SEC may only take assets from securities fraud defendants up to the amount of the profits obtained via fraud. Cops can still take your car if you have weed in it, though.