Posts Tagged ‘politics’

Devin Nunes, Don Blankenship sue critics

Rep. Devin Nunes (R-Calif.) is suing Twitter and several critics, including the anonymous proprietors of accounts styling themselves “Devin Nunes’s Mom” and “Devin Nunes’s Cow,” claiming defamation and other torts. Section 230, which protects Internet companies from liability for users’ postings, is likely to prove an obstacle to his claims against Twitter. [ABA Journal; Eugene Volokh, first (Section 230), second (“fighting words” doctrine inapplicable), and third (injunction that suspends entire Twitter account likely overbroad remedy) posts; Mike Godwin and Elizabeth Nolan Brown, Reason] More: Liz Mair (a defendant in suit), USA Today.

It’s worth emphasizing, in addition, that although the suit claims bias on Twitter’s part against political conservatives, were Nunes somehow to establish as a matter of law that the social media provider is obliged to intervene to remove harsh, unfair personal criticism of public figures, it would engage in much *more* removal of conservatives’ tweets and accounts than it does now.

Meanwhile, Don Blankenship, who lost a Republican Senate primary in West Virginia last year, is suing many media outlets and other organizations claiming defamation. Massey Energy, of which Blankenship had been CEO, “owned a mine where a 2010 explosion killed 29 miners. Blankenship spent a year in federal prison for violating safety regulations, which is a misdemeanor.” The suit says press outlets and critics erroneously described the candidate as a felon. [Anna Moore, WCHS]

Finally, the Florida Supreme Court is changing

One of the most significant changes happening at the moment in the ideological complexion of the courts is not related to the federal courts at all. The Florida Supreme Court, for many years firmly in the hands of a liberal majority of justices, is likely to take a new turn with three appointments from new governor Ron DeSantis, a conservative Republican who campaigned against what he called judicial activism. The previous court is remembered especially for holding the national stage during the 2000 Bush v. Gore controversy. Among its other hits, it killed a school voucher program and liberalized tort law in such areas as premises, municipal, recreational, and rental-equipment liability. It also repeatedly struck down legislation aimed at reining in litigious excess in such areas as medical liability and expert testimony. [David Freddoso, Washington Examiner]

Green emergencies and grownups

“An end to industrial civilization, but like in a totally pro-union way.” My two cents at Ricochet on the politics of this week’s “Green New Deal” boomlet, the land of pure imagination that exists beyond trade-offs, and the likelihood of universal high-speed rail’s getting even through its preliminary litigation stages, let alone built and operating, within ten years.

Social activism, the law, and the 501(c)(4) route

Many groups on the left, following the example of the right, have been de-emphasizing or even abandoning the old 501(c)(3) format of tax-deductible charitable endeavor in favor of the 501(c)(4) format, which has fewer tax advantages but allows a wider range of frankly political activity.

For some on the progressive side, writes David Pozen, who teaches law at Columbia, this is in part a matter of giving up on the Supreme Court as an engine of far-reaching social change. “The 501(c)(3) form fit snugly into the postwar theory of legal liberalism, in which the federal courts were seen as the key agents of social reform and professionally managed nonprofits as their partners in that effort.” [The Atlantic]

I would add one observation, which is that this shift of focus from strategic litigation to electoral politics and organizing is exactly what many legal conservatives have been urging the left to do for two generations: if you want the law to change, don’t take your case to an unelected caste of elite judges, take it to the people.

Ballot measures on tax issues

The Tax Foundation has published its guide for this year to tax-related ballot initiatives. Among the measures: easier transferability of Prop 13 limited assessment to another home (California), new taxes on business to fund homelessness programs (San Francisco), replace flat with progressive income tax (Colorado), require two-thirds legislative vote for tax hikes (Florida), create taxpayer cause of action against unlawful expenditures (New Hampshire), carbon tax (Washington).

Banking and finance roundup

August 15 roundup

Ken White on RICO gone loco

With results that are not flattering to the Democratic National Committee in its suit against Russia, the Trump campaign, and sundry others: “There are three groups that use RICO indiscriminately: pro se litigants complaining that the Bureau of Indian Affairs implanted SatNav in their junk, plaintiffs’ attorneys of the sort who go to court in a sports coat they keep in their glove compartment, and professional vexatious litigants. That’s why many federal judges often have standard orders they issue in civil RICO cases that say, in effect, ‘you think you have a valid RICO claim? Fine, answer these 20 complicated questions to help me sort it out.’ Judges don’t do that for other claims. …. DNC, your lawsuit appears to reflect you going all-in on public relations strategy at the expense of effective legal strategy.” [Popehat] More: Mike Masnick, TechDirt: “basically a laundry list of the laws that we regularly talk about (especially about how they’re abused in litigation). Seriously, look at the complaint. There’s a CFAA claim, an SCA claim, a DMCA claim, a “Trade Secrets Act” claim… and everyone’s favorite: a RICO claim.”

A panic over replicated local TV news

Sinclair Broadcasting, currently under fire for having local news talent read a canned script, is itself the product of earlier rounds of anti-media-consolidation rules, and tales of “70 percent market share” tales are sheerest bunk, reports Matt Welch [Reason] On local use of canned scripts, see also the regular Conan feature “Newscasters Agree.”

Now unsealed: official report on Wisconsin John Doe probes

After the state’s high court ordered files of the politically charged Wisconsin John Doe II investigation destroyed, something else happened instead: “The Guardian published a leaked trove of documents from the John Doe II proceedings, including court filings, draft filings, and selected evidence prepared and kept by only some members of the prosecution team.” A just-unsealed report from the Wisconsin Department of Justice suggests a range of possible illegalities and rights violations, as well as political motivations, in the conduct of the investigators [“Warren Henry,” The Federalist]:

[Th]hree hard drives in particular contained nearly 500,000 unique emails (from Yahoo and Gmail accounts, for example) and other documents (email attachments, for example) totaling millions of pages. The hard drives included transcripts of Google Chat logs between several individuals, most of which were purely personal (and sometimes very private) conversations. GAB [a state agency involved in the investigations] placed a large portion of these emails into several folders entitled, ‘Opposition Research’ or ‘Senate Opposition Research.’

For example,

investigators obtained, categorized, and maintained over 150 personal emails between [state] Senator Leah Vukmir and her daughter, including emails containing private medical information and other highly personal information. [WIDoJ] was unable to determine why investigators ever obtained, let alone saved and labeled, over 150 very private and very personal emails between a Senator and her child, or why investigators placed those emails in a folder named ‘Opposition Research.’

Earlier here.