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re: DOJ coming after TD posters soon because of... MEMES?

Posted on 2/4/21 at 10:09 am to
Posted by AURaptor
South
Member since Aug 2018
11958 posts
Posted on 2/4/21 at 10:09 am to
I regret that I have yet one meme to give for the cause..

Well, actually I’ve got a bunch of Memes but let them come.


Are they going to come after us as hard as they did Kathy Griffin?
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 10:10 am to
quote:

Especially when Joe Biden doesn’t have the unilateral power to pass the $2,000 checks.


Do stupid people know this? Do rando's on Twitter have unilateral power to submit a vote in a federal election?
Posted by Nguyener
Kame House
Member since Mar 2013
21057 posts
Posted on 2/4/21 at 10:11 am to
quote:

AggieHank86


I sometimes struggle with whether or not you’re a real person
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 10:12 am to
These are federal prosecutors, but essentially yes.

I think they are applying loosely interpreted law on purely political lines which is a greater threat to liberty than a goddamn prank meme.

ETA: I'd be waaaaayyyyy less bitchy about this if they were applying this interpretation equally. The fact that they arent makes the left's argument in favor of it soooo empty.
This post was edited on 2/4/21 at 10:21 am
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138876 posts
Posted on 2/4/21 at 10:15 am to
Whoops!
I'm pretty vulnerable there.
Guess I'll have to buy a set of blue drapes to hide in front of.
Posted by efrad
Member since Nov 2007
18704 posts
Posted on 2/4/21 at 10:19 am to
(no message)
This post was edited on 7/21/21 at 5:11 pm
Posted by BeNotDeceivedGal6_7
Member since May 2019
7439 posts
Posted on 2/4/21 at 10:22 am to
It's not because of the meme, its the content. It equates to election fraud.

If someone created a meme that said "you can vote for Trump by texting this number" and people believed it, that would also be a crime. This is a scam that duped people out of voting by believing they already had.

Its fraud. Just like the Nigerian bank scam etc.

Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 10:25 am to
OK, then why arent dems who did the exact same thing being arrested? Is it only fraud when republicans do it because Trump is literally Hitler?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138876 posts
Posted on 2/4/21 at 10:27 am to
quote:

It equates to election fraud.
You mean like birddogging the opponents campaign? or claiming Hunter's laptop was a Russian hoax, or the Steele Dossier was not a Russian hoax, or Antifa doesn't exist, or the 2020 election was fraudfree .... that kind of fraud?
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 2/4/21 at 10:31 am to
quote:

I agree with you that if he did set up that number, it makes him look a hell of a lot more guilty than if he just made memes. So I would like to see where it says he actually set that number up, or not.
I read somewhere that he did, but I do not recall where I read it.

So I simply looked at the ToS for iVision, and it does not look like they record and tabulate data unless you register for the service. The fact that the DoJ had specific data on the number of texts and their content indicates to me that they tabulated the data and thus that he registered for the service.

It is certainly possible that the article I read was in error and that I am misinterpreting the ToS, but I don't think so.
This post was edited on 2/4/21 at 10:35 am
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 10:32 am to
I think you could make a fine legal argument that this is fraud. The issue remains; selective application along political lines, and of course precedent. Sorry dems, but you dont get to throw your hands up and say "those dems should have been prosecuted too!" its too late for that, and if I'm Mackey's lawyer, I'm making it known that cases of voter intimidation -much more egregious than this- were dropped.

I'll add that the idea that memes are not political satire and should be policed this way is a very slippery slope.
This post was edited on 2/4/21 at 10:33 am
Posted by boosiebadazz
Member since Feb 2008
85624 posts
Posted on 2/4/21 at 10:36 am to
quote:

I'd be waaaaayyyyy less bitchy about this if


quote:

I think you could make a fine legal argument that this is fraud.


I think someone is throwing a tantrum from his hurt feelings instead of analyzing what the law provides, but it’s not me
Posted by efrad
Member since Nov 2007
18704 posts
Posted on 2/4/21 at 10:37 am to
(no message)
This post was edited on 7/21/21 at 5:11 pm
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22970 posts
Posted on 2/4/21 at 10:45 am to
quote:

So I simply looked at the ToS for iVision, and it does not look like they record and tabulate data unless you register for the service.


I guarantee iVision have a record of texts received from by that number. They probably just don't supply that information to the user unless the user registers.

quote:

The fact that the DoJ had specific data on the number of texts and their content indicates to me that they tabulated the data and thus that he registered for the service.


Or, iVision has the information and provided it to the DOJ through a subpoena.

It seems odd that the DOJ would not include in the charging documents that this guy signed up for the service, no?
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 10:46 am to
Are you really trying to "he mad" me in this thread? lol Are you 2? No one is throwing a tantrum.
People are very diplomatically pointing out that you are going to have a hard time proving "injury, oppression, threats, or intimidation" when application is happening on political lines or when bigger cases were dropped by the same legal minds who want people like Mackey under the jail.

This stuff should be troubling to everyone. Who is next? The Bee? Comedians? Was Kathy Griffin's bloody severed head effigy a "threat" to Trump's constitutional right to life? Was Snoop's video mimicking Trump's assassination not artistic expression? Why arent they all in jail like Mackey? I thought we were "liberal".
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 2/4/21 at 10:48 am to
quote:

you are making a complete assumption.... if it turns out he really did set up the number, I agree. He's culpable. You just have to show me where it says he actually did.
There is a big difference between a wild assumption and a reasonable inference from known facts.

The DoJ has access to far more data than you or I. Given that the charge is (at best) a close call under the statute upon which they rely, I just don't believe that they would have pursued the case if they did not have pretty strong evidence on the "intent" element.

We will see.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 2/4/21 at 10:51 am to
quote:

It seems odd that the DOJ would not include in the charging documents that this guy signed up for the service, no?
Not at all. Charging documents are almost ALWAYS kept to the bare minimum in order to satisfy the elements of the offense. They are not required to include all of the evidence that the prosecution intends to submit.

I agree that the case becomes far less tenable if he did not register for the service.
This post was edited on 2/4/21 at 10:52 am
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59250 posts
Posted on 2/4/21 at 10:55 am to
quote:

This dude gets arrested because a couple thousand people texted to a number. How does this possibly get proven to be voted stealing? How is this NOT a free speech issue?


Apparently there's a secret clause in the First Amendment that allows it to be overridden if enough of the masses are stupid enough to believe it.
Posted by QJenk
Atl, Ga
Member since Jan 2013
17574 posts
Posted on 2/4/21 at 10:57 am to
Imo I think where this goes beyond a simple meme is in the fine print. "Paid for by Hilary for president".

That does very fraudulent when the graphic is acting as if it was an official ad sent out from Hilary's campaign team. I could definitely see her team wanting to take legal action here.

If this was just a simple meme telling people to vote by text to the random number, and it wouldn't have been acting as if this was an official ad by the candidate's team. I think the guy doesn't really get in any trouble.

But then again I'm just a guy on the internet. I don't work in law, so I don't know for sure.
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 2/4/21 at 11:18 am to
if I'm on a jury, and its proven that he set up some level of fake infrastructure to intentionally syphon votes, I'm more likely to convict. Otherwise, the legality of a joke cannot defined by the dumbest person in the crowd. I'm not willing to go there.
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