volkris @volkris@qoto.org

@bigheadtales and that would also be a misreading of what I was suggesting.

Notice emphatically that I said nothing about any amendments.

I said nothing about any amendments, because I wasn't suggesting anything about any amendments.

I was merely trying to point out that standing out of the way of the peoples' abilities to express themselves in the voting booths is generally the opposite of what we think of as fascism.

That has nothing to do with any amendments.

@freemo right, and there wouldn't be any violation of 1A since the judge would be merely ensuring an orderly trial, no different from preventing someone from making a disturbance when someone is being questioned on the stand.

To put it a different way, it's not a restriction on speech but on the ability to interfere with the orderly judicial process.

The judge wouldn't at all be punishing someone for speech. The judge would be merely preventing someone from interfering with the goings on in court.

@joshadell Right, so, so much for your claim of a cushy job with nigh unlimited power.

If you want to go the direction of saying SCOTUS doesn't have power to enforce its rulings, well, your previous comment is hung out to dry.

@pomCountyIrregs

Regarding Citizen's United, there was and is SO MUCH misinformation out there about what the case actually involved and what the Court actually said.

In short, if you and me want to pool our cash to pay for a billboard to broadcast our message, the FEC was threatening to block that.

Citizens United was all about saying no, the US government has no right to stand in the way of people organizing like that, especially because wealthy people have that ability regardless, and such restriction really serves their interests at the cost of ours.

Kennedy's opinion was his normal level of poetry and really goes through expressing that stance of the court, but too few people actually sit down and read it.

@RememberUsAlways

@Doppelganger75 nah, it's social media.

No sense taking any of the strangers here seriously enough to get worked out.

@Amoshias @cpoliticditto@mas.to

@J12t@social.coop keep in mind that the size of Instagram vs Threads might make it much more costly for them to roll that out to instagram as well.

Doesn't mean it's not going to happen, but it's definitely something they'd be considering on their side.

@Linux_Is_Best@mstdn.social ah, so you do not think anyone should or does need an indivudal to act as a gatehouse to the Fediverse, and then you're going to act as a gatehouse to the Fediverse?

@bigheadtales that's not what I'm suggesting, nor is it my position.

@pomCountyIrregs Yep, and that's the GIANT unsettled question and the heart of this: Who gets to decide the finding of fact that is in dispute?

There are other disputed issues here, but that's the big one.
@RememberUsAlways

@freemo Yeah, so the judge oversees the entire trial, including everything from discovery motions through depositions that happen outside the courtroom.

If you think the behavior might have been managed by the judge inside the actual courtroom then it also applies outside the courtroom.

Of course, a judge can't go overboard and address behavior that has nothing to do with the trial, but that's why they have the appeals process to check the power of the judge to address stuff outside of their trial jurisdiction.

Here it sounds like Trump's been losing, though, with other courts agreeing that yes, these judgments were properly working to make sure the trial functions smoothly.

@bigheadtales yeah, such fascists, promoting the concept that maybe just maybe the people have more of a voice in their government.

This is why all the shouts of fascist! come across as so out of touch with reality.

@smurthys correct.

Basically, it requires a majority to act, and without a majority there is no action.

Without action there's no overturning of the lower court, since that would be an action.

@MugsysRapSheet no, the one has nothing to do with the other.

States independently operate their election systems under their own rules.

Heck, the trials don't even accuse Trump of what CO and ME have settled on, just to highlight how separate the processes are.

@joshadell but Trump has no authority to do that in part BECAUSE of SCOTUS power.

@RememberUsAlways I imagine the appeal would be based on the reasoning she laid out to support the decision.

Should it be shown that either her reasoning is faulty or her factual basis is incorrect, the decision would be a violation of due process under state law, which is a federal requirement, and the appeal would have teeth.

It's one thing to say that under state law I have discretion, but another to say I used my discretion based on x, y, and z, which turned out to be faulty.
@pomCountyIrregs

@RememberUsAlways remember that Bush v Gore didn't itself allow vote certification, but rather it disallowed a lower court from interfering.

That's a technical difference, but a very important one here.

@petersuber after watching conservatives respond to ranked choice voting in Alaska, it became really, really clear that they didn't understand what it was or how it worked.

They're not so much forgetting anything as they're simply misinformed about what it is they're attacking, which is a shame.

@freemo The idea is that this isn't a judge restraining free speech as much as maintaining order in his court, including the parts of court proceedings that happen outside the literal courtroom.

If a person was in the courtroom during the trial and wouldn't sit down and shut up when it wasn't their turn to speak, the judge could respond to that, right? It wouldn't be seen as a free speech violation, but rather just the judge giving others their chance to do their jobs?

Same thing here.

It wouldn't be punishment over speech--it would be jailing as a way to prevent interference with the court proceedings.

@mjgardner I assume no such thing.

But hashtags, **to the extent that they're used**, do give you finer grained control over your own experience than cws **to the extent that they're used**.