zlacker

https://en.wikipedia.org/wiki/Penumbra_(law)

>>emmela+(OP)
Oh, you mean the doctrine that is openly vilified by the "originalist" majority of the US Supreme Court? Not that consistency is their strong point or anything, but maybe that's not the authoritative answer you thought it was.

FWIW, to appease the cowardly-downvote brigade, I personally believe the concept of a penumbra is valid and important. But the world doesn't always bend to my will. Merely invoking the concept without considering current context is weak because it won't convince anyone of anything. If you want to make an argument based on that, you'll have to put in a bit more effort than just pasting a link.

>>notaco+X7
And your point is?

>>TeeMas+oa
Clearly if you read the context, that emmelaich's invocation of the "penumbra" doctrine to suggest that the first amendment covers Twitter's actions is weak. It does not, even when there's a connection to reports from a government agency. There are other arguments for why Twitter's actions were wrong, perhaps even that it's a first-amendment issue, but that one just doesn't work in the context of how the constitution is currently being interpreted. The one-line slam dunk is really anything but.

Also, please read the guidelines about low-effort comments.

>>notaco+tc
Actually, I just thought it was a useful concept for anyone arguing about the literal meaning of the constitution. Wasn't especially arguing for either side.

Though having the FBI and Twitter policy people being in such close communication must be eyebrow raising at least. And it a little bizarre honestly.