Post ASmFpycMWqkKOd8bkO by Teri_Kanefield@law-and-politics.online
(DIR) More posts by Teri_Kanefield@law-and-politics.online
(DIR) Post #ASmDbjAgxesGWnGzAG by Teri_Kanefield@law-and-politics.online
2023-02-17T17:00:11Z
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#FunReadingLegalDocuments Here is Dominion's brief in support of summary judgment in his defamation case against Fox News:https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdfIt is đ„ If you missed it, see this thread on the standards in these cases and why the standards are so difficult to meet:https://law-and-politics.online/@Teri_Kanefield/109881090750981456This is a motion for summary judgement for the plaintiffs, which has a very high standard (coupled with the high standards we start with).I'll explain.But first, let's get to the good parts.1/
(DIR) Post #ASmDz5QMONmeChjwcS by servelan@newsie.social
2023-02-17T17:04:22Z
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@Teri_Kanefield Ms. Bartiromo's name sure comes up a lot...
(DIR) Post #ASmEGxBnkQUZsPRxku by Teri_Kanefield@law-and-politics.online
2023-02-17T17:07:37Z
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The 180 page brief opens a lengthy statement of facts showing that Fox personalities and producers knew that the election fraud stuff was a bunch of lies.Example â€”ïž The brief goes on like that. Assuming that all the quotations are admissible evidence, it's devastating. You can see that Dominion has the difficult part of the standard: The lies were made with knowledge of or reckless disregard for their falsity. (The standards prevent shutting down the press for errors or opinions.)2/
(DIR) Post #ASmEUVzpeDcpapJmMK by Teri_Kanefield@law-and-politics.online
2023-02-17T17:10:05Z
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After showing malice, the brief offers motives (proving the motive isn't necessary but helps explain the lies and give them context.)When Fox truthfully called the election in Arizona for Biden, this triggered a backlash among its audience and the ânetwork being rejected.â Rivals farther right like Newsmax took advatnage to promote an âalternative universeâ of election fraud. Aside: See the dangers of click-based and popularity-based news reporting? *steps down from soapbox*3/
(DIR) Post #ASmEgFe2GgksM2ieSO by Teri_Kanefield@law-and-politics.online
2023-02-17T17:12:12Z
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Fox wanted to please its viewers. Another aside: I recall an interesting report that Tucker Carlson doesn't shape his audience's views: His tirades are designed to appeal to his audience and their own inclinations and biases.Fox didn't want to lose the popularity contest to Newsmax.Recognizing that this was happening, Fox executive, Bill Sammon said, âItâs remarkable how weak rating make good journalists do bad things.â4/
(DIR) Post #ASmEt8oGzWhCvAebqK by Teri_Kanefield@law-and-politics.online
2023-02-17T17:14:31Z
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Climbing onto one more soapbox: This is why getting your news from a site that uses algorithms is bad.Okay, enough with the soapboxes. Back to the the brief.This case is different from most defamation cases, which deal with one or a few defamatory statements: Fox went on for months.It's also difference because reliable third parties and government agencies (and courts) were debunking the lies in real time.But Fox persisted.5/
(DIR) Post #ASmFDx9TWy9QqUUkzI by Teri_Kanefield@law-and-politics.online
2023-02-17T17:18:18Z
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Another difference: As Fox was telling its lies, Dominion made over 3,600 separate communications to FOX, but Fox continued. Even after receiving verifiable information demonstrating their falsity, Fox continued.The brief outlines for separate lies: (1) Dominion committed election fraud by rigging the 2020 Presidential Election.(2) Dominion's software and algorithms manipulated vote counts (3) Dominion is owned by a company founded in Venezuela to rig elections and . . .6/
(DIR) Post #ASmFLBjRij7O5mloFk by fulanigirl@blacktwitter.io
2023-02-17T17:19:34Z
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@Teri_Kanefield Not that we didn't know this was going on but the EXTENT of it is mind boggling. Also that people are so devoid of any sense of what our democracy means that they gleefully ignored all dangers to save their damn ratings! White Americans do not deserve democracy.
(DIR) Post #ASmFVJJyMJt8WdgKjg by LaNaehForaday@universeodon.com
2023-02-17T17:21:24Z
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@Teri_Kanefield Not to put too fine a point on it; Fox is to broadcasting what the National Enquirer is to the shopping market aisle.There is and never has been any difference. They are simply TABLOID fodder for the silly minded.Social media gave them their power when all of us full of outrage came to Twitter and any other spot to scream and yell at all the brats and how they thought their lies and ridiculous ideas would actually fly.WE enabled it all. That was the algorithm's purpose and it fully succeeded up until the time Musk thought to buy that control. There are a LOT of people over there STILL feeding the machine. Just like FOXNEWS feeds the machine.People still on Twitter are NOT fighting the good fight...they are literally FEEDING THE MACHINE.Regular citizens are NOT paying attention to all this detail. They see the news once a week or hear it on the way home and that is IT.We felt important for standing up as good citizens but all we did was FEED THE MACHINE.
(DIR) Post #ASmFWLIQV8gAwNS0DA by wndlb@mas.to
2023-02-17T17:21:36Z
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@Teri_Kanefield I wonder if the Fox talentsâ contracts tie their compensation package to their ratings, which were crateringâand that their own âpaychecksâ were why they were doing this?
(DIR) Post #ASmFXVy4JGloKNUH7A by Teri_Kanefield@law-and-politics.online
2023-02-17T17:21:50Z
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(4) Dominion paid kickbacks to government officials who used its machines in the 2020 Presidential Election.These are easily shown as lies.This is important because one of the elements of defamation: Truth is a defense to an accusation of defamation.The motion is for summary judgement for the plaintiff.Summary judgement in general is difficult because you tell the court, "The evidence is so clear, and the other side has no defense, so there is no point in going to trial.7/
(DIR) Post #ASmFgiAsINhKn9rYDA by MoiraEve@mastodon.world
2023-02-17T17:23:28Z
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@Teri_Kanefield Why bother to shape an audience's views when there's a glut of ignorance and bias just waiting to be harvested for profit?
(DIR) Post #ASmFhxVml1B0eJEpzk by lawyerjsd@mastodon.social
2023-02-17T17:23:41Z
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@Teri_Kanefield Yikes. The only thing Fox has going for it is that Dominion can't really claim emotional distress. And the punitive damages will be limited to twice the economic damages of. . .*checks notes*. . .$1.6 billion. Oof.
(DIR) Post #ASmFpycMWqkKOd8bkO by Teri_Kanefield@law-and-politics.online
2023-02-17T17:25:10Z
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Here you go: Everything you ever wanted to know about summary judgement: đ€ https://www.law.cornell.edu/wex/summary_judgmentBut it's a good tool for defendants if a case is totally frivolous. For a plaintiff to bring and win on such a motion is even more difficult.Once Dominion makes its case, Fox has to come up with some evidence which, if true, would let them win. (They don't have to prove it's true. That's for the trial.)8/
(DIR) Post #ASmG43s9mx6MkQF34K by MoiraEve@mastodon.world
2023-02-17T17:27:42Z
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@Teri_Kanefield Unfortunately, Teri, today every media organization uses some measure of algorithms to craft their message; it's the meat and potatoes of the communications business.
(DIR) Post #ASmG4inHdyZ5fBHEfI by sc_griffith@mathstodon.xyz
2023-02-17T17:27:48Z
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@Teri_Kanefield (this site uses an algorithm. it's really simple, most chronologically recent posted or boosted first, but it's still an algorithm for sorting into posts to show you and not show you. and like all content algorithms it has weird impacts on what people see; eg people in the same time zone are much more likely to see your posts)
(DIR) Post #ASmG8Z37oceUbEWFOq by Teri_Kanefield@law-and-politics.online
2023-02-17T17:28:31Z
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@lawyerjsd I was just looking up the damages they were asking for :)
(DIR) Post #ASmGDtlWDmF8ITpMPY by echuta@mastodon.world
2023-02-17T17:29:28Z
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@Teri_Kanefield Good thread. Thank you!
(DIR) Post #ASmGPBL9Df4nzOsBUW by Teri_Kanefield@law-and-politics.online
2023-02-17T17:31:32Z
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Alternatively, Dominion asks the court to rule that the statements are false and grant partial summary because no reasonable juror could find otherwise.In other words, they want to make their task at trial easier (it also puts more pressure on Fox.)Here's the original complaint:https://www.justsecurity.org/wp-content/uploads/2021/06/Dominion-Complaint-Fox.pdfI attached the damages they're requesting.They're also looking for punitive damages (Fox has to pay more to deter future bad behavior.)9/
(DIR) Post #ASmGTlS2ttLH92Hhfk by cadenza@universeodon.com
2023-02-17T17:32:19Z
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@Teri_Kanefield so basically a case would have to be so overwhelming and that lawyers are so confident of a win that they would resort to summary judgment. Iâm not a lawyer and I donât have all the facts but im betting that Dominion has a rock-solid case. I mean half those communiques are in the Jan 6 report.
(DIR) Post #ASmGcfu8tPo0Y1fw6S by Teri_Kanefield@law-and-politics.online
2023-02-17T17:33:58Z
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Can lawsuits like this save democracy from disinformation (which is the way democracy is destroyed)? Not by itself, no. Democracy will be saved if enough people decide to hold on to the truth, with all of its complexity, and reject lies that make us feel good about our "team" and which affirm our previous biases.Dang! I got on another soapbox!Aaaand, I have some writing deadlines, but I'll try to read my comments.10/
(DIR) Post #ASmGlqkZwDFGn8Zph2 by Teri_Kanefield@law-and-politics.online
2023-02-17T17:35:37Z
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@MoiraEve In the sense of deciding what goes on the front page, yes, but online information and social media has taken this to new heights.And look at what Post.news is doing.most of the disinformation on the left I battle against comes from rage inducers who benefit from algorithms.
(DIR) Post #ASmGs2qXsSBU2qK1J2 by SuneAuken@mastodon.world
2023-02-17T17:36:44Z
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@Teri_Kanefield We are quite fond of this particular soapbox. Get on it as often as you like.
(DIR) Post #ASmHJoqlVdXgkBfViq by McPatrick@mastodon.social
2023-02-17T17:41:44Z
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@Teri_Kanefield This will be *fun* to watch.
(DIR) Post #ASmHUwAmchwkdnKj56 by MoiraEve@mastodon.world
2023-02-17T17:43:43Z
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@Teri_Kanefield You are on Post.news. I am not, and would appreciate your take on what's happening there now and then when you get a chance.
(DIR) Post #ASmHbZ4cu8EN1ic72u by gparenti@mstdn.social
2023-02-17T17:44:48Z
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@Teri_Kanefield Reading this reminded me of an appeal I handled where the successful plaintiff subsequently pled guilty to 13 counts of perjury for lying in his civil deposition. I moved to vacate the substantial judgment based on fraud on the court. The notoriously crusty Chief Judge asked me if I was aware that there was no case in Florida that had done what I was requesting. I smiled and said: âDoesnât bother me a bit.â Sometimes getting justice takes going out on a limb. This brief rocks.
(DIR) Post #ASmHer2YYrmvcNDL8q by Teri_Kanefield@law-and-politics.online
2023-02-17T17:45:33Z
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@MoiraEve I go once weekly to post a link to my website. I can't tell you any more.I also go to Twitter.I am sure you can do your own research on Post.
(DIR) Post #ASmHivdpOdKt2wafDs by Beaglehaus@mastodon.llarian.net
2023-02-17T17:46:16Z
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@Teri_Kanefield thank you, as always, for breaking this down. You continue to be one of my favorite follows.
(DIR) Post #ASmI0rm6VigeGd0yVU by MoiraEve@mastodon.world
2023-02-17T17:49:31Z
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@Teri_Kanefield Oh, OK. Glad to know you're spending most of your time tending to your own digital garden. đ đ± đ
(DIR) Post #ASmId2BQGEm7YJ3bSC by wtfrank@mastodon.social
2023-02-17T17:56:22Z
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@Teri_Kanefield can this lawsuit save democracy? I think the lawsuit isn't even about democracy, it's about defaming a company. Maybe spreading misinformation without a party necessarily suffering harm should be an offence?
(DIR) Post #ASmIr8FYVBOeQDiFEm by Teri_Kanefield@law-and-politics.online
2023-02-17T17:58:59Z
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@MoiraEve Precisely.I own my website and I own my Mastodon server.I got burnt once after spending lots of time contributing to a site only to have it basically go kaput.
(DIR) Post #ASmIwyva4g6hFO9v04 by dmiller62@mastodon.world
2023-02-17T18:00:01Z
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@Teri_Kanefield I was involved in a lawsuit more than 20 years ago, (which I won), in which my legal team asked for Sunmary Judgement. I think of that, and smile inwardly, every time I see the term today. đ
(DIR) Post #ASmJ88vVEvDdRXRcx6 by mjf_pro@hachyderm.io
2023-02-17T18:02:01Z
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@Teri_Kanefield Laying the motive out on the table â profit generation and/or protection â would also set up a basis for a higher rather than lower punitive damages penalty. âYou made all this money off what you know was a lie, at the expense of my business. GIMME DAT.â
(DIR) Post #ASmJ9FPId9SRpduNpw by Piousunyn@universeodon.com
2023-02-17T18:02:15Z
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@Teri_Kanefield @MoiraEve What is the difference between a website and a blog?
(DIR) Post #ASmJEl3UOHDpR2KnK4 by DToher@mastodon.ie
2023-02-17T18:03:13Z
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@Teri_Kanefield forwarded onto a bunch of #policyWonk fans of the #KnowledgeFight podcast who have got really into stuff relating to defamation cases (especially repeated defamations for the purposes of driving up traffic).At the moment we are picking through bits released in #AlexJones and #FreeSpeechSystems (aka #InfoWars ) bankruptcy proceedings.Thanks for the nice explainers on this case.
(DIR) Post #ASmJKn33tR6XM10ja4 by alexf24@mstdn.social
2023-02-17T18:04:19Z
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@Teri_Kanefield I wouldn't call it remarkable. I would call it reprehensible, and lack of integrity. Of course, Faux Newz calls them "journalists".
(DIR) Post #ASmJaJZFGoS4YPT1Iu by Kim_Luxhoj@sfba.social
2023-02-17T18:07:08Z
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@Teri_Kanefield Every time you post information I feel like Iâm in law school.You always educate me in all things LAW. Thanks.
(DIR) Post #ASmJi6SXtD5CDV2zQ0 by alfredo_liberal@universeodon.com
2023-02-17T18:08:33Z
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@Teri_Kanefield ty for this thread as always it is infuriating that Fox News would even fight this why not just pay the 1.6 million dollars in damages and not air the lies again they made more money airing the lies than the amount of money in damages Dominion is asking for
(DIR) Post #ASmJnFLqG0GTF5Mdl2 by yoderman@ohai.social
2023-02-17T18:09:27Z
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@Teri_Kanefield Wow -- 1,000,000,000 is a boatload of money. Obviously Dominion has valid reasons to want to punish Fox and I support them. I just wonder what will happen with this desired amount of punitive damages. And will Dominion be able to sell any more voting machines in the USA on a grand scale after this defamatory content from Fox & others? Amazing.
(DIR) Post #ASmJp7wilCgor3VjLU by Sandywb@dftba.club
2023-02-17T18:09:49Z
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@Teri_Kanefield Go Dominion!
(DIR) Post #ASmLUqhVMuhpUAqsyW by Joncollick@mas.to
2023-02-17T18:28:33Z
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@Teri_Kanefield Hi Teri and thank you for the enlightening read, digested avidly from across the pond.I have a question though, I thought Fox News have been litigated against in the past and successfully argued that they were an Entertainment channel and not a News one. Does that set the required bar higher or lower if they use the same defence in this case?
(DIR) Post #ASmM2FkzEP2ikhPPQe by slick1969@mindly.social
2023-02-17T18:34:36Z
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@Teri_Kanefield Great thread - makes all of the legalese more understandable.And I entirely agree with your soapboxes, especially about click-based and popularity-driven news reporting.
(DIR) Post #ASmMBoGgHy9SOQn51M by Teri_Kanefield@law-and-politics.online
2023-02-17T18:36:19Z
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@Joncollick That won't help here because part of what Dominion is showing is that Fox presented the defamatory statements as facts.In other words, its still defamation because the statements were put forward as facts. Here are the elements of defamation: Dominion has to prove each one: https://www.law.cornell.edu/wex/defamation
(DIR) Post #ASmMVyiv7pT6bzcHa4 by jpanzer@mastodon.social
2023-02-17T18:39:57Z
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@Teri_Kanefield I truly enjoyed reading this motion for summary judgment. I thought the liberal use of quotes from the actors as the entire intro page told the story very effectively. I havenât seen this before in motions, perhaps because these quotes arenât often available.
(DIR) Post #ASmOCoDSASU4QgsvxY by marynelson8@mstdn.social
2023-02-17T18:58:53Z
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@Teri_Kanefield Thanks for this thread. Your "soapbox" contains excellent points. Happy you included them.
(DIR) Post #ASmXm10hUQilpimZmq by kladni@newsie.social
2023-02-17T20:46:06Z
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@Teri_Kanefield Click-based and popularity-based politickin' has similar downsides.
(DIR) Post #ASmeBBgxVpfpvTw1K4 by Boomer@mindly.social
2023-02-17T21:57:53Z
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@Teri_Kanefield this could be fun
(DIR) Post #ASmfY0lkOBJGfFcbQ0 by thepoliticalcat@mastodon.social
2023-02-17T22:13:12Z
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@Teri_Kanefield Wishing them the best of luck. SOMEONE needs to deter PoxNotNews, and no one else seems up to the task.
(DIR) Post #ASmfYZMRmErtwv3OLI by andrew@esq.social
2023-02-17T22:11:57Z
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@Teri_Kanefield Sammon's implication there being that Carlson is a good journalist? Woof. Citation needed.
(DIR) Post #ASmtKgiP2KMi3tbA3s by GatekeepKen@mastodon.online
2023-02-18T00:47:40Z
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@Teri_Kanefield I hope they have to give on air apologies and a written statement stating their wrong doing. Dominion then needs to go after Newsmax,Next at bat,,,Smartmatic 2.6 Billion!
(DIR) Post #ASmwkaYkqT18MW7y2C by Breathe@mstdn.social
2023-02-18T01:25:55Z
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@Teri_Kanefield "Democracy will be saved if enough people decide to hold on to the truth, with all of its complexity, and reject lies that make us feel good about our "team" and which affirm our previous biases."-TK There is a lot of good stuff packed in that statement. Thank you.
(DIR) Post #ASmylI7T5fPTMwpLyS by goodreedAJ@sfba.social
2023-02-18T01:48:31Z
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@Teri_Kanefield: This is why I really don't like the Post.News model.
(DIR) Post #ASmyz903nEt38iy4Bc by howlowilltheygo@social.snorklr.com
2023-02-18T01:51:02Z
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@Teri_Kanefield If the #FairnessDoctrine had not been repealed by the #FCC in '87, would it have done any good in keeping #FauxNews in check?
(DIR) Post #ASmzqWkwCPXCALLj9s by HomerHarlequin@mas.to
2023-02-18T02:00:40Z
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@Teri_Kanefield Does anyone really think Fox will prevail against Dominion?
(DIR) Post #ASn0G6EVQxxvR2NDnc by Teri_Kanefield@law-and-politics.online
2023-02-18T02:05:19Z
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@howlowilltheygo It's hard to say what would have happened. Right wing media took off after the Fairness Doctrine was repealed, so there is a temptation to assume that repealing the Fairness Doctrine caused the rise of right wing media.That said, reinstating the fairness doctrine wouldn't protect us from the kind of thing Fox and Newsmax are doing.When a percentage of the population rejects facts, legislation won't help.
(DIR) Post #ASn2JaUlZlOI4KloUi by howlowilltheygo@social.snorklr.com
2023-02-18T02:28:20Z
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@Teri_Kanefield Seems to me that legislation can at least keep the train on the tracks. Some people *cough, cough* might not like where the train is headed but there will always be detractors and fools.Thanks Teri! Get back to work!đ
(DIR) Post #ASnFd9rZbNrifO6Gno by MoiraEve@mastodon.world
2023-02-18T04:57:32Z
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@Teri_Kanefield I think you're awesome for taking on such a challenge. May the CA sun shine forever brightly on your digital garden.
(DIR) Post #ASnybNzCcMITpJCK48 by AVMan@hachyderm.io
2023-02-18T13:21:26Z
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@Teri_Kanefield Showing that he is an actor, not a newsperson. Fox deserves to be sued in the same way NBC got sued for showing Crockpots start fires in 'This Is Us'
(DIR) Post #ASnzRoQXYXG2tEz2tE by WhiskerchopsVonFuzzybutt@mastodon.world
2023-02-18T13:30:50Z
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@Teri_Kanefield I canât help it, while reading this, and hearing #JonStewart say âBecause my lead-in is puppets making crank phone calls!!!â
(DIR) Post #ASoWmf8uZDfmfDHttg by billstewart415@infosec.exchange
2023-02-18T19:44:27Z
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@Teri_Kanefield There were, of course, no good journalists at Fox, so more noise :-)
(DIR) Post #ASp43LgNTC49ieVP5U by largess@mastodon.au
2023-02-19T01:57:12Z
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@Teri_KanefieldMeh, every time they have been taken to court over thier billsh!t, they just claim they're not News and only entertainment and that no sensible person would believe it's anything other then entertainment. They can pull this sleight of hand from the legislation Clinton abolished way back when. Not sure they can this time but it's happened to Tucker and FOX in Court before and the judge agreed with them. The key point to take away is that there are lots of stupid people out there, its literally the argument they use as a defence. "No sensible person would belive it, if they do they're stupid"... like believing Star Wars is real.
(DIR) Post #ASpC1SGkoDLnCZ80qu by carowe@home.social
2023-02-19T03:26:31Z
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@Teri_Kanefield this was a really interesting and instructive read. Thank you!
(DIR) Post #ASphvMdA3bsGVekT5c by jsoref@mastodon.social
2023-02-19T09:23:58Z
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@Teri_Kanefield > It's also ~difference~ _different_ because
(DIR) Post #ASqS3cXPOVDk3LvtWy by DaltonRoad@toot.community
2023-02-19T18:00:54Z
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@Teri_Kanefield Iâm not a lawyer or even play one on TV but this seems extremely compelling. Right? It wipes out the 1st amendment and the NYT vs Sullivan defenses if I understand this filing correctly. Does this also bolster the Smartmatics suit?Whatâs the realistic odds of a Summary Judgement?
(DIR) Post #ASqYyPKVm0FJJvMTqq by Teri_Kanefield@law-and-politics.online
2023-02-19T19:18:24Z
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@DaltonRoad Small. Summary judgement is always a long shot. I knew someone who spent a summer as a clerk for a judge (2nd year law student) and her job was basically to read summary judgment motions and write up why they should be rejected.I think for the plaintiff it's even harder. I'm hoping for partial summary judgement.
(DIR) Post #ASt4DdVcp5rUXGDmme by DaltonRoad@toot.community
2023-02-21T00:17:56Z
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@Teri_Kanefield Thanks for the response. I figure this is Dominion's way of making a very public point. BTW: I really can't get the hope up that anytime soon we will see the people at the top of the insurrection face consequences but you give me a reason to why I shouldn't give up hope but sorry, I'll keep complaining about how long it's taking and how they are still committing crimes.