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Police Facebook page leads to lawsuit after banning members for 2A discussion!
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Seven. The answer is always seven. -
Public in this instance doesn't mean: Available for public consumption.
If the Brady Facebook page was paid for by tax money and run by the government, then yes, it would be the same."Show me a young conservative and I'll show you a man without a heart. Show me an old liberal and I'll show you a man without a brain." - Sir Winston Churchill
"I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!" - Senator Barry GoldwaterComment
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I think initially people are a little thrown by what is going on here, but there are some good facts and issues in play. Here is the most updated order:
EP: Status Conference held regarding Plaintiffs Motion for Temporary Restraining Order, Doc. No. 6, and Plaintiffs Motion for Preliminary Injunction, Doc. No. 7. The court will hold a hearing on Plaintiffs Motion for Preliminary Injunction on September 5, 2012 at 9:00 a.m. By August 28, 2012, Defendants shall file an Opposition, as well as a statement outlining the facts they will seek to introduce at the September 5, 2012 hearing and the witnesses that they wish to call (if any), including the expected length of testimony. By August 31, 2012, Plaintiffs shall file a Reply and a statement outlining the facts they will seek to introduce at the September 5, 2012 hearing and the witnesses that they wish to call (if any), including the expected length of testimony. The parties shall also meet and confer regarding the admissibility of proffered exhibits for the hearing. In light of the briefing schedule on the Motion for Preliminary Injunction and as the parties agreed, the court DEEMS MOOT Plaintiffs Motion for Temporary Restraining Order. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )Lawyer, but not your lawyer. Posts aren't legal advice.Comment
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I think it's a little different, Facebook owns the website but it's representing a government agency which is owned by the public.
While there is no first amendment on calguns.net because it's owned by Kestryl, there certainly is a first amendment on a Facebook page representing HPD.
If one person has a voice on that web page, everyone should.
Then the question is how long must a comment be allowed to remain before they can flush it?
I'm sure the suggestion at the conference was more about the judges not wanting to publish a decision that invites an appeal.
They just want everyone to kiss and make up because HPD was wrong to do that.
They would rather argue that case when it's something the government feels it needs to do rather than Internet moderation that can be fixed with a few key strokes and an HPD memo.
If you want to push this to trial, I suggest you demand firearm LTCs in settlement talks.Comment
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I think it's a little different, Facebook owns the website but it's representing a government agency which is owned by the public.
While there is no first amendment on calguns.net because it's owned by Kestryl, there certainly is a first amendment on a Facebook page representing HPD.
If one person has a voice on that web page, everyone should.
Then the question is how long must a comment be allowed to remain before they can flush it?
I'm sure the suggestion at the conference was more about the judges not wanting to publish a decision that invites an appeal.
They just want everyone to kiss and make up because HPD was wrong to do that.
They would rather argue that case when it's something the government feels it needs to do rather than Internet moderation that can be fixed with a few key strokes and an HPD memo.
If you want to push this to trial, I suggest you demand firearm LTCs in settlement talks.Lawyer, but not your lawyer. Posts aren't legal advice.Comment
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Brandon Combs
I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.
My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.Comment
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