Donald J. Trump, et. al. v. Facebook, Twitter, YouTube Cash Stunt - Grifting America First (Policy Institute)

[sad-cafe]

[bill_g]

America First's privacy policy reads a lot like the policies they are fighting against.

They scrape any information they can from you, distribute and/or sell it as necessary, and if you are displeased, you have very narrow recourse.

"This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Texas applicable to contracts deemed to be made within such state, without regard to the choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Notice shall be brought and heard either in the Texas state or federal courts of proper jurisdiction located in Tarrant County. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW."

[neonzx]

America First's privacy policy reads a lot like the policies they are fighting against.

They scrape any information they can from you, distribute and/or sell it as necessary, and if you are displeased, you have very narrow recourse.

"This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Texas applicable to contracts deemed to be made within such state, without regard to the choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Notice shall be brought and heard either in the Texas state or federal courts of proper jurisdiction located in Tarrant County. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW."

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@americafirstpolicy.com

or via our toll-free number:

(571) 348-1802

To register a complaint or concern, please email our privacy officer at: privacy@americafirstpolicy.com.

Ummm... 571... The 'toll free' area code in northern Virginia.

[bill_g]

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@americafirstpolicy.com

or via our toll-free number:

(571) 348-1802

To register a complaint or concern, please email our privacy officer at: privacy@americafirstpolicy.com.

Ummm...

They say it's toll free, and therefore it is toll free. When the phone company charges you LD for the call, it proves how complete the take over of America by tax and spend libruls is, and why you need to get angry, why you need to get on board, and why you need to send money to fight this great treachery against our beloved nation. Do it. Do it today. Take all those pictures of dead presidents you have in you wallet right now, put them in an envelope, and mail it to the address listed on the Contact Us page. Thank you so much for being a thoughtful and generous patriot.

[keith]

So, that would entail something similar to a name licensing agreement. How much is DFO's cut of the take?

My take is that it would be more like a charity fund raising marketing campain wher the ad agency gets its cut as a percentage. Here we have the "collection agency" send TFG what ever is left after they deduct the vigorish.

[LM K]

How long will this last once the orange buffoon finds out that people are howling with laughter over this?

I am seeing a lot of salivating and cheering from the 'big tech hates men/christians/conservatives/whites/whatever' crowd, which takes 'the left' laughing as proof they are really filled with tears, so I doubt Trump cares all that much who is laughing as long as his people are cheering.

I feel like an "owned" liberal.

[tek]

lots of windshield time today... surfing SiriusXM..

caught Larry "Knucklehead" Kudlow on Fox with some other idiot, feeding each other the government actors / censorship / downfall of civilization bullshit.

Larry continues his streak of never having been right about anything.

[Delarin]

Tonight I checked to see if there is any movement in these three lawsuits yet. Check out what appeared in the Youtube docket:

18 MOTION to Dismiss Plaintiff's Complaint re 1 Complaint, by Ted Kurt. Responses due by 8/3/2021 (drz) (Entered: 07/20/2021)

https://storage.courtlistener.com/recap ... 3.18.0.pdf

Plaintiff herein has sued Twitter
Because they blocked him, he became bitter.
And YouTube and Facebook
Plaintiff didn't overlook.

For failure to state grounds
Upon which relief can found [sic]
Plaintiff's Complaint should be tossed in the Shi**er.

Unrelated questions: These three cases have each been assigned to different judges. One would expect them to be consolidated, no? Any inferences to be drawn from that, or is it just not time yet to consider combining them?

[chancery]

PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Dismiss Plaintiff's Complaint ("Motion") filed by a non-party to the above-captioned case, Ted Kurt. 18 . This Motion is not properly before the Court. Accordingly, the Motion to Dismiss 18 hereby STRICKEN. The Clerk of Court is instructed to STRIKE the Motion to Dismiss 18 . Additionally, the Clerk of Court is INSTRUCTED to not accept any filings from Ted Kurt in the above-captioned case without prior approval from the undersigned. Signed by Judge K. Michael Moore on 7/20/2021. (thn) (Entered: 07/20/2021)

[Luke]

(use Shirley Temple voice) Oh my goodness! Oh my goodness!

On Telegram, Lin Wood posted the disgraced loser's "Class Action" #BigTechLawsuit update. Motion for Preliminary Injunction! Should we be PANICKING? Obots working for social media companies have their GO BAGS ready. Let us know.

[MN-Skeptic]

Edited to add: https://storage.courtlistener.com/recap ... 1.87.0.pdf

[Foggy]

[Tiredretiredlawyer]

Now THAT is a major, BIGLY OUCHIE!!!!! Just cuz you're president don't make you king of Twitter!

[woodworker]

I expect him to argue that, notwithstanding the Twitter agreement re: venue and jurisdiction, Calif has no personal jurisdiction over him. Just ignore his business interests, fundraising trips, etc. But even if Calif would otherwise have no personal jurisdiction over him, he fucking agreed to it.

[bob]

I expect him to argue that, notwithstanding the Twitter agreement re: venue and jurisdiction, Calif has no personal jurisdiction over him. Just ignore his business interests, fundraising trips, etc. But even if Calif would otherwise have no personal jurisdiction over him, he fucking agreed to it.

Too also: lack of jurisdiction is a claim usually raised by defendants, to argue the far-flung court can't haul them in to defend there.

Of course, Klayman recently sought a change of venue for a case he filed (if you don't like the venue, go shop for one you do!), so the depth of stupidity knows no bounds.

[noblepa]

I expect him to argue that, notwithstanding the Twitter agreement re: venue and jurisdiction, Calif has no personal jurisdiction over him. Just ignore his business interests, fundraising trips, etc. But even if Calif would otherwise have no personal jurisdiction over him, he fucking agreed to it.

First of all, doesn't his acceptance of the TOS and its venue stipulation constitute an explicit grant by him of personal jurisdiction?

Besides, if the lawsuit (which he initiated) comes to trial in a California court, how can he pursue it, without accepting that the court that is hearing his suit has jurisdiction? Also, too, wouldn't any assets that he owns that are located in California, create a nexus?

[Foggy]

I suspect that he has the choice now of going forward in California, or just dismissing the case.

And I bet he dismisses it and tells us the California courts are too corrupt..

[bob]

I suspect that he has the choice now of going forward in California, or just dismissing the case.

Could pull a Klayman and appeal the transfer. ("Pulling a Klayman" indicates the likelihood of a successful appeal.)

And I bet he dismisses it and tells us the California courts are too corrupt..

Again referencing Klayman, this particular grift has mostly run its course, so a quiet dismissal seems more likely. Especially considering California's more robust anti-SLAPP laws.

[noblepa]

Again referencing Klayman, this particular grift has mostly run its course, so a quiet dismissal seems more likely. Especially considering California's more robust anti-SLAPP laws.

Does TFG ****Ever**** do anything quietly, when he could shout "Look at me", instead?

[raison de arizona]

Naughty naughty.

Interesting catch by Twitter's lawyers. Trump's lawyers, who are trying to persuade a court that Twitter plotted with the gov't, said a congressional memo dealt with limiting "[conservative] content" on the site.

What it actually said was "misinformation and extremist content

https://storage.courtlistener.com/recap ... .147.0.pdf

[Sam the Centipede]

But but but … conservative content is misinformation and extremist!

Or isn't that the Trumpists' argument?

[MN-Skeptic]

Court Listener lists all the Trump v. Meta Platforms, Inc. (4:21-cv-09044) documents. [Meta Platforms appears to be the new name of Facebook.] Justia also has a list of filings, easier to read, no links to the documents, not as up to date. (IANAL and really don't understand all of this, but I figure the lawyers on here might appreciate the links.)

Anyway, the reason I started looking for these documents is that someone on Twitter shared a bit from Trump's Reply in Support of Motion for Preliminary Injunction. Apparently Trump's marvelous, wonderful social media website is not going to go live for several more months, at least. Who knew?

From the pdf -

Mr. Trump’s injuries are compounded daily, with Defendants’ prior restraint of his views on politics, the economy, the border, national security, health, election integrity, and a host of other matters of national interest remains in place. Plaintiff’s injuries are further exacerbated due to the silencing of his speech as the presumptive head of the Republican Party at a time when the nation is drawing ever closer to the 2022 elections, including his ability to endorse and fundraise for GOP candidates in primary races that are currently commencing throughout the nation. Mr. Trump’s campaigning and fundraising are also his means of accumulating personal political capital while weighing another run for the presidency. FAC ¶ 78. Defendant’s own submission details Plaintiff’s difficulties in his efforts to construct his own media platform, which has been plagued with problems and delays. Dozens of engineers, cybersecurity specialists, and other technical experts are needed to build a social media platform. The process will be slow until it can merge with a publicly traded company, and a likely launch date is still months away. MTD, Exh. E. The existence of potential alternative platforms for Plaintiff’s speech is irrelevant, particularly when the few available alternatives lack the Defendants’ market penetration. As the Supreme Court recently held,

"It changes nothing that these platforms are not the sole means for distributing speech or information. A person always could choose to avoid the toll bridge or train and instead swim the Charles River or hike the Oregon Trail. But in assessing whether a company exercises substantial market power, what matters is whether the alternatives are comparable. For many of today’s digital platforms [such as Facebook], nothing is.”

Biden v. Knight First Amendment Inst. at Columbia Univ., 141 S. Ct. 1220, 1225 (2021). The proposed preliminary injunction causes no harm to Defendants. Meta undertakes the cost of hosting, storing, and disseminating all content posted on the Facebook platform. Any cost Defendants incur to restore Plaintiff’s access to his prior channels would be de minimus at most.

So much whining!

[RTH10260]

Sounds to me alike a claim that American Airlines and Delta Airlines ought to be forced to lease aircrafts and crews for free to Trump Airlines cause it's still years until the Trump One plane will again lift its wing skywards

[much ado]

Funny. I got this email from the Republican National Committee just this afternoon.

*** We hope you receive this email because Big Tech may try to CENSOR it. ***

[much ado],

According to sources, President Trump’s social media platform is launching THIS MONTH and time is running out for you to pledge to join.

Highlighing is in the original.

[RTH10260]

"and time is running out for you to pledge to join"

... but they will gladly accept when you join without a pledge even after the