#ninthcircuit — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #ninthcircuit, aggregated by home.social.
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Pook-Emu Bee: Links For 06-04-26
I missed two days of Pook-Emu Bee links. But it is not all bad: Now we have even more links from around the web to choose from. 1. Why I Built Bubbles (Ben at Bubbles Blog. March 26, 2026.) I've been an RSS obsessive for years. Hundreds of feeds, hand-picked one by one. But RSS only shows you sources you already know. New voices don't find you there. I added Bubbles' Daily Briefing to my feed reader to find new articles of interest. Nevertheless, I offer my qualified disagreement with the […]https://social.emucafe.org/naferrell/pook-emu-bee-links-for-06-04-26/
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Ninth Circuit Panel Goes Out of Its Way to Question Section 230–DOE vs. Meta
#HackerNews #NinthCircuit #Section230 #Meta #LegalNews #TechPolicy
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Ninth Circuit Panel Goes Out of Its Way to Question Section 230–DOE vs. Meta
#HackerNews #NinthCircuit #Section230 #Meta #LegalNews #TechPolicy
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FYI: Ninth Circuit shuts door on late Google Incognito class damages bid: The Ninth Circuit on April 20, 2026, affirmed the denial of a late intervention bid in the Google Incognito class action, blocking a damages class appeal. https://ppc.land/ninth-circuit-shuts-door-on-late-google-incognito-class-damages-bid/ #NinthCircuit #GoogleIncognito #ClassAction #LegalNews #PrivacyLaw
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ICYMI: Ninth Circuit shuts door on late Google Incognito class damages bid: The Ninth Circuit on April 20, 2026, affirmed the denial of a late intervention bid in the Google Incognito class action, blocking a damages class appeal. https://ppc.land/ninth-circuit-shuts-door-on-late-google-incognito-class-damages-bid/ #NinthCircuit #GoogleIncognito #ClassAction #Privacy #LegalNews
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Ninth Circuit shuts door on late Google Incognito class damages bid: The Ninth Circuit on April 20, 2026, affirmed the denial of a late intervention bid in the Google Incognito class action, blocking a damages class appeal. https://ppc.land/ninth-circuit-shuts-door-on-late-google-incognito-class-damages-bid/ #NinthCircuit #Google #Incognito #ClassAction #LegalNews
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Victory! #NinthCircuit Limits Intrusive #DMCA #Subpoenas
The 9th Circuit upheld an important limitation on Digital Millenium Copyright Act (DMCA) subpoenas that other federal courts have recognized for more than 2 decades. The DMCA, a misguided anti-piracy law passed in the late 90’s, created a bevy of powerful tools, ostensibly to help #copyright holders fight online #infringement. Unfortunately, the DMCA’s powerful protections are ripe for abuse by “copyright trolls”
https://www.eff.org/deeplinks/2025/08/victory-ninth-circuit-limits-intrusive-dmca-subpoenas
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Victory! #NinthCircuit Limits Intrusive #DMCA #Subpoenas
The 9th Circuit upheld an important limitation on Digital Millenium Copyright Act (DMCA) subpoenas that other federal courts have recognized for more than 2 decades. The DMCA, a misguided anti-piracy law passed in the late 90’s, created a bevy of powerful tools, ostensibly to help #copyright holders fight online #infringement. Unfortunately, the DMCA’s powerful protections are ripe for abuse by “copyright trolls”
https://www.eff.org/deeplinks/2025/08/victory-ninth-circuit-limits-intrusive-dmca-subpoenas
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This week, in #Hernandez et. al. v. City of Los Angeles (docket no. 21-55994), the US Court of #Appeals for the Ninth Circuit chipped away at the misguided #legal principle of #qualifiedImmunity. The case involved a female officer, Toni McBride, who put six bullets in a suspect—the last 2 of which were fired while the suspect was "rolling on the ground".
In a 6-5 en banc decision, the court overturned a 3-judge panel's ruling that qualified immunity protected (now former) Officer McBride, based on a horrifying 2017 precedent from Orange County in which a Sheriff's Department officer essentially executed a prisoner, firing six shots into him after he'd already been hit several times and was lying on the ground. (In the earlier case, Zion v. County of Orange, the officer then stomped on the mortally wounded suspect's head.)
It's always good news when cops are held to account for their actions.
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Apple Appeals Scathing Ruling That Blocks Fees for Third Party App Stores
#Apple #AppStore #EpicGames #Antitrust #iOS #NinthCircuit #CourtRuling #TechNews
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Apple Appeals Scathing Ruling That Blocks Fees for Third Party App Stores
#Apple #AppStore #EpicGames #Antitrust #iOS #NinthCircuit #CourtRuling #TechNews
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#NinthCircuit Hands Users A Big Win: Californians Can Sue Out-of-State Corporations That Violate State #Privacy Laws
#california -
#NinthCircuit Hands Users A Big Win: Californians Can Sue Out-of-State Corporations That Violate State #Privacy Laws
#california -
6 Federal Agencies Must Rehire Staffers Fired A Month Ago After #NinthCircuit #AppealsCourt Ruling Against #Drumpf & #MelonHusk Minions
All "probationary employees"—those hired within the past yr—who were X'd by Elon's minions on February 13th & 14th as #Valentines from DJT were ordered to to be reinstated to jobs at #DefenseDept, #Energy, #USTreasury, #Agriculture, #Interior, and #Veterans Affairs.
Whether #OutlawWH will expeditiously comply is not assured, as rogue admin already gleefully ignored another federal judgement order this weekend regarding Venezuelan deportees sent to El Salvador
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https://azmirror.com/2025/02/25/appeals-court-blocks-arizona-laws-targeting-federal-only-voters/
Ninth Circuit FTW.
#elections #freeelections #fairelections #freeandfairelections #votingrights #voterrights #ninthcircuit #ninthcircuitcourtofappeals #9nthcircuit #9thcircuitcourtofappeals #justices #laws #lawandorder #arizona #AZ
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#EFF to #NinthCircuit:
#YoungPeople Have a #FirstAmendment Right to Use #SocialMedia (and All of Its Features) -
#EFF to #NinthCircuit:
#YoungPeople Have a #FirstAmendment Right to Use #SocialMedia (and All of Its Features) -
@eff to #NinthCircuit : Young People Have a #FirstAmendment Right to Use #SocialMedia (and All of Its Features)
#freespeech -
@eff to #NinthCircuit : Young People Have a #FirstAmendment Right to Use #SocialMedia (and All of Its Features)
#freespeech -
The #ninthCircuit will, given the opportunity, overturn the #Idaho #abortion law on its dubious merits, which were largely not up for review by the #court in this process.
Of course, what happens after that. . . #SCOTUS
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The server test has enabled users who embed content to skirt copyright infringement. However, the 2007 ruling faces another major challenge.
https://www.plagiarismtoday.com/2024/08/08/the-server-test-suffers-a-major-blow/
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The server test has enabled users who embed content to skirt copyright infringement. However, the 2007 ruling faces another major challenge.
https://www.plagiarismtoday.com/2024/08/08/the-server-test-suffers-a-major-blow/
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It's worth noting the court's reasoning here. In overturning the prior dismissal of the case, they challenged Judge Carney's comparison of the neo-nazi defendants with antifascist arrestees on three grounds:
1. The nazis were serial perpetrators who went to multiple rallies and assaulted people, whereas the antifascists who had been arrested at a rally weren't and didn't.
2. The nazis "behaved like leaders of an organized crime group" insofar as they "coordinated combat training sessions; created materials to recruit others; and planned cross-country travel to commit their acts."
3. Prosecutors simply had a much stronger case against the nazis, given their prior assault convictions and the fact that they bragged about it online, handing prosecutors useful evidence.
I'd like to think that the second point might establish a precedent applicable to basically the entire Active Club network and possibly others, but the reality is that it's at least as likely to be applied to groups like JBGC or any activists who do actual self-defense classes together.
The third one really should be an object lesson to all of us. As the lawyers say: Shut The Fuck Up. Don't talk about what you did or didn't do and sure as hell don't brag about it. It's just not worth it.
Anyways, an interesting turn. And Judge Carney has just recently (semi-?)retired, so maybe Rundo will finally go to trial. (From what I hear, Boman has left that whole scene and expressed regret about it all. I have no insight into whether or not this is true or, if so, whether or not he's sincere. In either case, regret isn't, unto itself, a literal or metaphorical Get Out of Jail Free card. Still, an ex-nazi is better than an active nazi, and I'd rather he make a sincere effort and get the support he needs in getting out of that scene. We'll see...)
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From the article:For the second time, the Ninth Circuit Court of Appeals on Thursday reinstated an indictment against a pair of Southern California white supremacists, overruling a federal judge who said the men were singled out for selective prosecution.
The appellate panel rejected the conclusion of Senior U.S. District Judge Cormac Carney, a George W. Bush appointee, who said federal prosecutors went after the two members of the white-supremacist Rise Above Movement while ignoring similar violence by members of far-left groups. The pair was accused of chasing down and violently attacking counter protesters at Make America Great Again rallies.
By looking broadly at the collective conduct of groups like antifa and weighing it against the individual conduct of the two defendants, Robert Rundo and Robert Boman, Carney was comparing apples to oranges, the Ninth Circuit panel said.
#Rundo #RiseAboveMovement #NeoNazis #Antifa #NinthCircuit #ActiveClub
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It's worth noting the court's reasoning here. In overturning the prior dismissal of the case, they challenged Judge Carney's comparison of the neo-nazi defendants with antifascist arrestees on three grounds:
1. The nazis were serial perpetrators who went to multiple rallies and assaulted people, whereas the antifascists who had been arrested at a rally weren't and didn't.
2. The nazis "behaved like leaders of an organized crime group" insofar as they "coordinated combat training sessions; created materials to recruit others; and planned cross-country travel to commit their acts."
3. Prosecutors simply had a much stronger case against the nazis, given their prior assault convictions and the fact that they bragged about it online, handing prosecutors useful evidence.
I'd like to think that the second point might establish a precedent applicable to basically the entire Active Club network and possibly others, but the reality is that it's at least as likely to be applied to groups like JBGC or any activists who do actual self-defense classes together.
The third one really should be an object lesson to all of us. As the lawyers say: Shut The Fuck Up. Don't talk about what you did or didn't do and sure as hell don't brag about it. It's just not worth it.
Anyways, an interesting turn. And Judge Carney has just recently (semi-?)retired, so maybe Rundo will finally go to trial. (From what I hear, Boman has left that whole scene and expressed regret about it all. I have no insight into whether or not this is true or, if so, whether or not he's sincere. In either case, regret isn't, unto itself, a literal or metaphorical Get Out of Jail Free card. Still, an ex-nazi is better than an active nazi, and I'd rather he make a sincere effort and get the support he needs in getting out of that scene. We'll see...)
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From the article:For the second time, the Ninth Circuit Court of Appeals on Thursday reinstated an indictment against a pair of Southern California white supremacists, overruling a federal judge who said the men were singled out for selective prosecution.
The appellate panel rejected the conclusion of Senior U.S. District Judge Cormac Carney, a George W. Bush appointee, who said federal prosecutors went after the two members of the white-supremacist Rise Above Movement while ignoring similar violence by members of far-left groups. The pair was accused of chasing down and violently attacking counter protesters at Make America Great Again rallies.
By looking broadly at the collective conduct of groups like antifa and weighing it against the individual conduct of the two defendants, Robert Rundo and Robert Boman, Carney was comparing apples to oranges, the Ninth Circuit panel said.
#Rundo #RiseAboveMovement #NeoNazis #Antifa #NinthCircuit #ActiveClub
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#Idaho #NinthCircuit #TransRightsAreHumanRights #ProtectTransKids
*BREAKING
*WATCH(1min)Appeals court upholds injunction blocking Idaho law banning transgender care for minors | ktvb.com
"A law preventing Idaho doctors from providing gender-affirming treatments or care to minors will remain blocked until a lawsuit opposing the law is resolved."
https://www.ktvb.com/article/news/politics/appeals-court-upholds-injunction-blocking-idaho-law-bans-transgender-care-minors/277-d8fc5514-7b11-4d3f-b426-0ee89e7e9f09 -
#Idaho #NinthCircuit #TransRightsAreHumanRights #ProtectTransKids
*BREAKING
*WATCH(1min)Appeals court upholds injunction blocking Idaho law banning transgender care for minors | ktvb.com
"A law preventing Idaho doctors from providing gender-affirming treatments or care to minors will remain blocked until a lawsuit opposing the law is resolved."
https://www.ktvb.com/article/news/politics/appeals-court-upholds-injunction-blocking-idaho-law-bans-transgender-care-minors/277-d8fc5514-7b11-4d3f-b426-0ee89e7e9f09 -
GOOD NEWS EVERYONE (maybe)
We have a voluntary dismissal of what remained of The Satanic Temple's federal court case against us.
United Federation of Churches LLC v. Johnson
Notice of Voluntary Dismissal (case) — Document No. 58
District Court, W.D. Washington
https://www.courtlistener.com/docket/17042463/58/united-federation-of-churches-llc-v-johnson/So we may finally get to take this part out of the ol' standby:
"Moreover, we’re still being sued by The Satanic Temple in f̷e̷d̷e̷r̷a̷l̷ ̷c̷o̷u̷r̷t̷ ̷a̷n̷d̷ ̷n̷o̷w̷ King County Superior Court."
If you would like to help us cover our ongoing legal expenses as they are about to reach into a fourth year, you have some options here:
-https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1
-https://www.paypal.com/paypalme/queersatanic
-https://cash.app/$queersatanic
-https://www.patreon.com/QueerSatanic
-https://www.redbubble.com/people/queersatanic/shopIf you need a refresher on how we got here, including the #NinthCircuit opening the door for TST to have another crack at its #defamation claims:
https://queersatanic.com/ninth-circuit-gives-satanic-temples-slapp-suit-mixed-response/If you're wondering, "Wait, why is The Satanic Temple (still) suing you?" or want to help other people with questions understand what's going on:
https://queersatanic.com/wait-why-is-the-satanic-temple-still-suing-you/#TheSatanicTemple is also still suing Newsweek and its reporter (but maybe not her anymore!) for writing about us. In addition, TST is now suing a #TikToker in #Texas for talking about our case.
The #Newsweek case continues to progress, the #TikTok creator not so much:
https://queersatanic.com/2023-was-a-very-bad-year-for-the-satanic-temple-in-court/If we're very lucky, The #SatanicTemple will finally take its L and use this as an opportunity to close out its state case, too.
However, more likely is #TST will add in the defamation to the currently stayed case sitting in #KingCounty Superior court to consolidate everything there, and we will have to beat them there instead, the devil willing.
If you're still a member or know people who are, see if you can get TST's owners to justify using other people's money to keep a failing #SLAPP action going four years after they started it and lost every step along the way.
How much is enough?
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GOOD NEWS EVERYONE (maybe)
We have a voluntary dismissal of what remained of The Satanic Temple's federal court case against us.
United Federation of Churches LLC v. Johnson
Notice of Voluntary Dismissal (case) — Document No. 58
District Court, W.D. Washington
https://www.courtlistener.com/docket/17042463/58/united-federation-of-churches-llc-v-johnson/So we may finally get to take this part out of the ol' standby:
"Moreover, we’re still being sued by The Satanic Temple in f̷e̷d̷e̷r̷a̷l̷ ̷c̷o̷u̷r̷t̷ ̷a̷n̷d̷ ̷n̷o̷w̷ King County Superior Court."
If you would like to help us cover our ongoing legal expenses as they are about to reach into a fourth year, you have some options here:
-https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1
-https://www.paypal.com/paypalme/queersatanic
-https://cash.app/$queersatanic
-https://www.patreon.com/QueerSatanic
-https://www.redbubble.com/people/queersatanic/shopIf you need a refresher on how we got here, including the #NinthCircuit opening the door for TST to have another crack at its #defamation claims:
https://queersatanic.com/ninth-circuit-gives-satanic-temples-slapp-suit-mixed-response/If you're wondering, "Wait, why is The Satanic Temple (still) suing you?" or want to help other people with questions understand what's going on:
https://queersatanic.com/wait-why-is-the-satanic-temple-still-suing-you/#TheSatanicTemple is also still suing Newsweek and its reporter (but maybe not her anymore!) for writing about us. In addition, TST is now suing a #TikToker in #Texas for talking about our case.
The #Newsweek case continues to progress, the #TikTok creator not so much:
https://queersatanic.com/2023-was-a-very-bad-year-for-the-satanic-temple-in-court/If we're very lucky, The #SatanicTemple will finally take its L and use this as an opportunity to close out its state case, too.
However, more likely is #TST will add in the defamation to the currently stayed case sitting in #KingCounty Superior court to consolidate everything there, and we will have to beat them there instead, the devil willing.
If you're still a member or know people who are, see if you can get TST's owners to justify using other people's money to keep a failing #SLAPP action going four years after they started it and lost every step along the way.
How much is enough?
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The Satanic Temple is very bad at court cases (December 2023)
https://the.satanic.wiki/index.php?title=The_Satanic_Temple#Lawsuits
https://reddit.com/r/TheSatanicCirclejerk/comments/18nctl4/comment/ke9vznd/
Changes from November include:
* Confirmation both #TravisCounty, #Texas, lawsuits have not seen any new filings in more than one year.
* #NinthCircuit granted #TST partial victory in form of an additional opportunity to make defamation claims in federal district court against Johnson et al Defendants.
https://queersatanic.com/ninth-circuit-gives-satanic-temples-slapp-suit-mixed-response/
Moreover, we’re still being sued by #TheSatanicTemple in federal appellate court and now #KingCounty Superior Court.
TST is also still suing #Newsweek and its reporter (but maybe not her anymore!) for writing about us. In addition, the #SatanicTemple is now suing a #TikToker in Texas for talking about our case. Check the pinned post for more. -
The Satanic Temple is very bad at court cases (December 2023)
https://the.satanic.wiki/index.php?title=The_Satanic_Temple#Lawsuits
https://reddit.com/r/TheSatanicCirclejerk/comments/18nctl4/comment/ke9vznd/
Changes from November include:
* Confirmation both #TravisCounty, #Texas, lawsuits have not seen any new filings in more than one year.
* #NinthCircuit granted #TST partial victory in form of an additional opportunity to make defamation claims in federal district court against Johnson et al Defendants.
https://queersatanic.com/ninth-circuit-gives-satanic-temples-slapp-suit-mixed-response/
Moreover, we’re still being sued by #TheSatanicTemple in federal appellate court and now #KingCounty Superior Court.
TST is also still suing #Newsweek and its reporter (but maybe not her anymore!) for writing about us. In addition, the #SatanicTemple is now suing a #TikToker in Texas for talking about our case. Check the pinned post for more. -
CW: Long thread/19
This elaborates on the #NinthCircuit's 1996 *Maljack Prods v Goodtimes Home Video Corp*:
> [Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the #LanhamAct without rendering the Copyright Act a nullity.
19/
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CW: Long thread/19
This elaborates on the #NinthCircuit's 1996 *Maljack Prods v Goodtimes Home Video Corp*:
> [Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the #LanhamAct without rendering the Copyright Act a nullity.
19/
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Judge Ana de Alba Elevated to Ninth Circuit Court of Appeals
https://criticalreport.substack.com/p/ana-de-alba-ninth-circuit-judge #USPolitics #Politics #USNews #Biden #Senate #Judges #Judicial #AnaDeAlba #California #NinthCircuit
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#TheSatanicTemple failed that claim for many reasons.
But rather than take the L and spend its resources on actual threats to #humanRights, they’re appealing the dismissal, trying to establish precedent that would make it easier for churches to retaliate against critics.
The Satanic Temple is making a pro-theocracy argument to bind over 62 million people within the #NinthCircuit.
https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/
Or, more bluntly: #TST is staking its legitimacy as a #religion on the extent to which it can redefine the law to marginalize its own politically convenient targets in turn.
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#TheSatanicTemple failed that claim for many reasons.
But rather than take the L and spend its resources on actual threats to #humanRights, they’re appealing the dismissal, trying to establish precedent that would make it easier for churches to retaliate against critics.
The Satanic Temple is making a pro-theocracy argument to bind over 62 million people within the #NinthCircuit.
https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/
Or, more bluntly: #TST is staking its legitimacy as a #religion on the extent to which it can redefine the law to marginalize its own politically convenient targets in turn.
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This is kinda huge!
Pay attention #travelers #LivingWithDisabilities and others will #benefit from this
#NinthCircuit Latest Appeals Court To Say #TSA Agents Can Be #Sued For #Constitutional #Violations | Techdirt
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This is kinda huge!
Pay attention #travelers #LivingWithDisabilities and others will #benefit from this
#NinthCircuit Latest Appeals Court To Say #TSA Agents Can Be #Sued For #Constitutional #Violations | Techdirt
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The #NinthCircuit's #Monumental #Ruling on #LGBTQ+ #Rights
The #unanimous #court #held that #TitleIX #prohibits #discrimination based on #sexualorientation in #schools. And its #logic equally #protects #transgender #students. Title IX’s protections may prove crucial at a time when #LGBTQ+ #youth are under increasing #attacks
#Women #Transgender #LGBTQ #LGBTQIA #Courts #Rulings #Education #HigherEducation #TitleIX #Hate #Bigotry #Discrimination #Homophobia #Transphobia
https://www.advocate.com/voices/the-ninth-circuit-trans-rights
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The #NinthCircuit's #Monumental #Ruling on #LGBTQ+ #Rights
The #unanimous #court #held that #TitleIX #prohibits #discrimination based on #sexualorientation in #schools. And its #logic equally #protects #transgender #students. Title IX’s protections may prove crucial at a time when #LGBTQ+ #youth are under increasing #attacks
#Women #Transgender #LGBTQ #LGBTQIA #Courts #Rulings #Education #HigherEducation #TitleIX #Hate #Bigotry #Discrimination #Homophobia #Transphobia
https://www.advocate.com/voices/the-ninth-circuit-trans-rights
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Victory at the #NinthCircuit : Twitter’s Content Moderation is Not “State Action”
#twitter #stateaction #contentmoderation -
Victory at the #NinthCircuit : Twitter’s Content Moderation is Not “State Action”
#twitter #stateaction #contentmoderation -
The only other case which might make you think you *need* to make people accept the license is MAI Systems v. Peak Computer. Except that is only valid in the #NinthCircuit, and is such a batshit insane #copyright ruling that #Congress already passed legislation to overturn parts of it (it's part of the #DMCA).
It would be extremely difficult for a developer to pull the coin out of the vending machine by claiming people who didn't "accept" the GPL are pirating software.