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Leisher
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Post by Leisher »

TheCatt wrote: The speech is only protected to the extend that you can say what you want. It's not protected against other people's opinions of it, barring state/contract/etc law.
Right, and that was probably fine before social media, but it's a brave new world. I don't think the previous standards can apply. We'll see what the courts have to say.
TheCatt wrote: Many states are "at will" states, so people can hire/fire you for pretty much any reason.
Unless you're in a protected class, which is everyone except straight white males not nearing retirement age. Sadly, that's not a punchline.
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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Post by Leisher »

TheCatt wrote: Since we're free speeching here, Man was arrested over FB page that parodied local police department. He was acquitted of that charge, but is now countersuing.
I mean, was his page obviously labeled a parody, ala the Onion? If so, the cops should have talked to a lawyer first.

Of course, this is in Ohio where that one guy who arrested and successfully convicted for writing pedo porn. Gross as fuck, free speech...
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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Post by TheCatt »

Leisher wrote: which is everyone except straight white males not nearing retirement age. Sadly, that's not a punchline.
Literally 3 different protected classes in your sentence: Sex, Race, and >= 40 years old according to federal law.
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TheCatt
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Post by TheCatt »

Leisher wrote:
TheCatt wrote: Since we're free speeching here, Man was arrested over FB page that parodied local police department. He was acquitted of that charge, but is now countersuing.
I mean, was his page obviously labeled a parody, ala the Onion? If so, the cops should have talked to a lawyer first.

Of course, this is in Ohio where that one guy who arrested and successfully convicted for writing pedo porn. Gross as fuck, free speech...
The judge was pretty clear that it was a parody. It was not labeled as such, I am guessing.
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Leisher
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Post by Leisher »

TheCatt wrote:
Leisher wrote: which is everyone except straight white males not nearing retirement age. Sadly, that's not a punchline.
Literally 3 different protected classes in your sentence: Sex, Race, and >= 40 years old according to federal law.
It's cute that you think those things are protected.

A redheaded co-worker of mine was fired, saw a lawyer and was told "tough shit". That is until the lawyer discovered he was gay. "Now we have a case..."

Also, if the majority is protected, who isn't?
TheCatt wrote: The judge was pretty clear that it was a parody. It was not labeled as such, I am guessing.
I thought parody sites had to be labeled as such?
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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Post by TheCatt »

Leisher wrote: It's cute that you think those things are protected.

A redheaded co-worker of mine was fired, saw a lawyer and was told "tough shit". That is until the lawyer discovered he was gay. "Now we have a case..."
We've discussed this before. Sexual orientation not protected federally. Possibly by state.

But the lawyer isn't talking legal (possibly). He might be talking perception.
Leisher wrote: I thought parody sites had to be labeled as such?
I don't think so. It just has to be generally recognizable as a parody by a reasonable reader/viewer (iirc)
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Post by Leisher »

TheCatt wrote: We've discussed this before. Sexual orientation not protected federally. Possibly by state.

But the lawyer isn't talking legal (possibly). He might be talking perception.
Not sure if Ohio protects gay folks or not, but that was how he got a settlement. What's weird is the person that fired him was also gay. Maybe she wasn't out at that time?
TheCatt wrote: I don't think so. It just has to be generally recognizable as a parody by a reasonable reader/viewer (iirc)
Found this explanation.

Based solely on the Bill Murray Twitter example, the judge here might have fucked up? Seems like there's a lot of gray area for opinion. Leads me to believe another judge might have ruled differently and makes me wonder if there will be an appeal.
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Post by TheCatt »

Leisher wrote: Based solely on the Bill Murray Twitter example, the judge here might have fucked up? Seems like there's a lot of gray area for opinion. Leads me to believe another judge might have ruled differently and makes me wonder if there will be an appeal.
I think it's pretty clear based on the limited information available, that the judge was correct. It's certainly gray, but the things listed in the article that were on the FB were clearly satire or parody.
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Post by Leisher »

TheCatt wrote:
Leisher wrote: Based solely on the Bill Murray Twitter example, the judge here might have fucked up? Seems like there's a lot of gray area for opinion. Leads me to believe another judge might have ruled differently and makes me wonder if there will be an appeal.
I think it's pretty clear based on the limited information available, that the judge was correct. It's certainly gray, but the things listed in the article that were on the FB were clearly satire or parody.
I would have thought the same, but read that explanation. The fake Bill Murray Twitter that acted like Murray was fine, but the one that didn't was removed. Seems like that same thing occurred in this case, but with the opposite results.
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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Post by TheCatt »

Leisher wrote: The fake Bill Murray Twitter that acted like Murray was fine, but the one that didn't was removed. Seems like that same thing occurred in this case, but with the opposite results.
I will disagree with you that they are the "same"
A previous Murray parody account was shut down. This account did not note that it was a parody, did not sound much like the actor, stole other people’s jokes and also engaged in other activity that broke Twitter’s rules, though.
This wasn't even a legal matter, though. It was twitter take down.
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Post by Leisher »

TheCatt wrote: I will disagree with you that they are the "same"
The parody site posted things the actual site would never do, same with the fake Murray account.
TheCatt wrote: This wasn't even a legal matter, though. It was twitter take down.
I was just going by the lawyer who was explaining the issue. If it was a good enough example for him...
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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