Re: shouting draft resisters, Parler

2021-01-12 Thread Sabri Berisha
- On Jan 11, 2021, at 3:25 PM, Joe Loiacono jloia...@gmail.com wrote:

Hi,

> Only if you believe censorship has nothing to do with free speech.

As Anne was trying to point out, the 1st Amendment protects you from the 
Government, and more specifically, Congress:

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.

Your 1st Amendment rights do not include the right to put your signs in 
your neighbor's yard, and by extension, to host your website on your 
neighbor's (or Amazon's) private infrastructure.

This does not mean that I agree with Amazon's decision. There are a lot
of implications to this.

Thanks,

Sabri

Who now waits for another donotpay.com "confirmation". And will then,
yet again, complain to their support, Mailgun, and AWS.


Re: shouting draft resisters, Parler

2021-01-12 Thread Donald Eastlake
Hi,

On Mon, Jan 11, 2021 at 8:23 PM John R. Levine  wrote:
> > I think it is reasonably clear this was a reference to the Iroquois Theatre
> > fire where 602 people died.
>
> Not at all.  The actual quote is
>
>   The most stringent protection of free speech would not protect a man
>   falsely shouting fire in a theatre and causing a panic.
>
> The Iroquois fire was unfortunately all too real.

As you can see by looking at your own quote, there is nothing about
whether or not there actually is smoke or is a fire in the "crowded
theater". Certainly the operators, owners, and builders of the
Iroquois Theater all claimed that the exists were more than adequate
and it was entirely the fault of the people who died from being
crushed/trampled because they should have remained calm.

Thanks,
Donald
===
 Donald E. Eastlake 3rd   +1-508-333-2270 (cell)
 2386 Panoramic Circle, Apopka, FL 32703 USA
 d3e...@gmail.com

> As soon as the US entered WW I the first amendment basically went out the
> window with the Espionage Act.  Schenck was part of that.
>
> R's,
> John


Re: shouting draft resisters, Parler

2021-01-11 Thread John R. Levine

I think it is reasonably clear this was a reference to the Iroquois Theatre
fire where 602 people died.


Not at all.  The actual quote is

 The most stringent protection of free speech would not protect a man
 falsely shouting fire in a theatre and causing a panic.

The Iroquois fire was unfortunately all too real.

As soon as the US entered WW I the first amendment basically went out the 
window with the Espionage Act.  Schenck was part of that.


R's,
John


RE: shouting draft resisters, Parler

2021-01-11 Thread Kain, Becki (.)
At what point does the person from ISC yell this is not nanog related, like he 
did to me?


From: NANOG  On Behalf Of Joe
Sent: Monday, January 11, 2021 6:32 PM
To: Anne P. Mitchell, Esq. 
Cc: Eric Dugas via NANOG 
Subject: Re: shouting draft resisters, Parler

Maybe if one puts a sign/flyer up in their front yard opposing what their 
belief is and argues "free speech" lol, totally joking...
-Joe


On Mon, Jan 11, 2021 at 5:18 PM Anne P. Mitchell, Esq. 
mailto:amitch...@isipp.com>> wrote:
>> That would make me wonder how many cases there have been of someone
>> "shouting fire in a crowded theatre" where there was no fire and at
>> least one person died as a result; ...
>
> This seems a wee bit distant from Parler or TOS or Sec 230.

That's because people continue to believe that this has something to do with 
the 1st Amendment, which of course it does not.  But you can't disabuse people 
of their poorly informed notions.

Anne

--
Anne P. Mitchell,  Attorney at Law
Dean of Cyberlaw & Cybersecurity, Lincoln Law School
CEO, SuretyMail Email Reputation Certification
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Board of Directors, Denver Internet Exchange
Chair Emeritus, Asilomar Microcomputer Workshop
Former Counsel: Mail Abuse Prevention System (MAPS)


Re: shouting draft resisters, Parler

2021-01-11 Thread Donald Eastlake
I think it is reasonably clear this was a reference to the Iroquois Theatre
fire where 602 people died.
https://en.wikipedia.org/wiki/Iroquois_Theatre_fire
https://www.smithsonianmag.com/history/how-theater-blaze-killed-hundreds-forever-changed-way-we-approach-fire-safety-180969315/

Thanks,
Donald
===
 Donald E. Eastlake 3rd   +1-508-333-2270 (cell)
 2386 Panoramic Circle, Apopka, FL 32703 USA
 d3e...@gmail.com


On Mon, Jan 11, 2021 at 5:56 PM John Levine  wrote:

> In article <35226213b6fcdc4a9c94f0bf30472...@mail.dessus.com> you write:
> >
> >That would make me wonder how many cases there have been of someone
> >"shouting fire in a crowded theatre" where there was no fire and at
> >least one person died as a result; ...
>
> Probably none. That metaphor was used by Justice Holmes in a
> now-discredited Supreme Court decision Schenck v. U.S., which was
> actually about handing out anti-draft leaflets during WW I. It was
> overwrought then and has never been a useful guide to free speech law.
>
> This seems a wee bit distant from Parler or TOS or Sec 230.
>
> R's,
> John
>


Re: shouting draft resisters, Parler

2021-01-11 Thread Matt Harris

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On Mon, Jan 11, 2021 at 5:25 PM Joe Loiacono  wrote:

> Only if you believe censorship has nothing to do with free speech.
>
>
I'm not sure what you mean here. One can advocate for or against "free
speech" and whatever it may ultimately include or not include without
having to invoke a specific United States legal framework which doesn't
apply in many (most) contexts. Freedom of speech as a right of humankind
has existed as a concept since long before the US did, the US merely
enshrined in its constitution that the government should generally not
infringe on it, with very limited circumstances in which it may do so. This
is, in my opinion and that of others, a good thing. Where those lines are
to be drawn is largely up to the courts, and is often the subject of debate
among both jurists and laypersons.

I guess my overall point here is this: there's no reason you can't say
"free speech is an important right that we must protect" without invoking
any specific legal doctrine, if that's what you believe. That statement can
easily apply to any government agency, private corporation, public
corporation, or individual citizen, and be broadly relevant. Once you
invoke the first amendment, you're now limiting the context of your
advocacy.

On 1/11/2021 6:16 PM, Anne P. Mitchell, Esq. wrote:
> >>> That would make me wonder how many cases there have been of someone
> >>> "shouting fire in a crowded theatre" where there was no fire and at
> >>> least one person died as a result; ...
> >> This seems a wee bit distant from Parler or TOS or Sec 230.
> > That's because people continue to believe that this has something to do
> with the 1st Amendment, which of course it does not.  But you can't
> disabuse people of their poorly informed notions.
> >
> > Anne
>


Re: shouting draft resisters, Parler

2021-01-11 Thread Joe
Maybe if one puts a sign/flyer up in their front yard opposing what their
belief is and argues "free speech" lol, totally joking...
-Joe


On Mon, Jan 11, 2021 at 5:18 PM Anne P. Mitchell, Esq. 
wrote:

> >> That would make me wonder how many cases there have been of someone
> >> "shouting fire in a crowded theatre" where there was no fire and at
> >> least one person died as a result; ...
> >
> > This seems a wee bit distant from Parler or TOS or Sec 230.
>
> That's because people continue to believe that this has something to do
> with the 1st Amendment, which of course it does not.  But you can't
> disabuse people of their poorly informed notions.
>
> Anne
>
> --
> Anne P. Mitchell,  Attorney at Law
> Dean of Cyberlaw & Cybersecurity, Lincoln Law School
> CEO, SuretyMail Email Reputation Certification
> Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
> Board of Directors, Denver Internet Exchange
> Chair Emeritus, Asilomar Microcomputer Workshop
> Former Counsel: Mail Abuse Prevention System (MAPS)
>
>


Re: shouting draft resisters, Parler

2021-01-11 Thread Joe Loiacono

Only if you believe censorship has nothing to do with free speech.

On 1/11/2021 6:16 PM, Anne P. Mitchell, Esq. wrote:

That would make me wonder how many cases there have been of someone
"shouting fire in a crowded theatre" where there was no fire and at
least one person died as a result; ...

This seems a wee bit distant from Parler or TOS or Sec 230.

That's because people continue to believe that this has something to do with 
the 1st Amendment, which of course it does not.  But you can't disabuse people 
of their poorly informed notions.

Anne

--
Anne P. Mitchell,  Attorney at Law
Dean of Cyberlaw & Cybersecurity, Lincoln Law School
CEO, SuretyMail Email Reputation Certification
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Board of Directors, Denver Internet Exchange
Chair Emeritus, Asilomar Microcomputer Workshop
Former Counsel: Mail Abuse Prevention System (MAPS)



Re: shouting draft resisters, Parler

2021-01-11 Thread Anne P. Mitchell, Esq.
>> That would make me wonder how many cases there have been of someone
>> "shouting fire in a crowded theatre" where there was no fire and at
>> least one person died as a result; ...
> 
> This seems a wee bit distant from Parler or TOS or Sec 230.

That's because people continue to believe that this has something to do with 
the 1st Amendment, which of course it does not.  But you can't disabuse people 
of their poorly informed notions.

Anne

--
Anne P. Mitchell,  Attorney at Law
Dean of Cyberlaw & Cybersecurity, Lincoln Law School
CEO, SuretyMail Email Reputation Certification
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Board of Directors, Denver Internet Exchange
Chair Emeritus, Asilomar Microcomputer Workshop
Former Counsel: Mail Abuse Prevention System (MAPS)



Re: shouting draft resisters, Parler

2021-01-11 Thread John Levine
In article <35226213b6fcdc4a9c94f0bf30472...@mail.dessus.com> you write:
>
>That would make me wonder how many cases there have been of someone
>"shouting fire in a crowded theatre" where there was no fire and at
>least one person died as a result; ...

Probably none. That metaphor was used by Justice Holmes in a
now-discredited Supreme Court decision Schenck v. U.S., which was
actually about handing out anti-draft leaflets during WW I. It was
overwrought then and has never been a useful guide to free speech law.

This seems a wee bit distant from Parler or TOS or Sec 230.

R's,
John