Wednesday, April 26, 2023

Blue Check Marks And False Advertising




WIRED has an interesting article on the fiasco prompted by Chief Twit Elon Musk's decision to make Twitter users pay $8 per month for the "verified" blue check mark. In a desperate effort to force getting revenue to cover his overpriced buy of Twitter and loss of advertisers, Musk eliminated the blue check symbol from hundreds of thousands of users who declined to pay up. But he also kept the blue check marks for several celebrities despite their refusal to pay the monthly fee (e.g., Stephen King, LeBron James). As the article points out, that could lead to lawsuits:

"More confusion followed as Twitter backtracked on Musk’s put-up-or-shut up approach to verification. It now appears any legacy Twitter user with more than a million followers before April 20 has had their check mark reinstated, along with a note saying they’ve paid for it. Many profess they haven’t, which, if true, could open Twitter to a host of legal problems.

'There are a number of potential legal claims we could see over Twitter assigning blue checks to accounts that did not sign up for them and do not want them,' says Alexandra Roberts, professor of law and media at Northeastern University. 'Given that the blue checks purport to be for users that are subscribed to Twitter Blue and verified their phone number.'

Among the laws Twitter could be in breach of, Roberts says, are federal laws prohibiting false advertising or endorsement and state laws against unfair competition claims, as well as suits over defamation and misappropriation of right of publicity. Any cases under these laws (“none is a slam dunk,” according to Roberts) would need to prove that Twitter’s false claim that celebrities had paid for Blue constitutes an endorsement of the service or commercial use by the platform, or that consumers seeing them would be misled.'  [snip] 

'What Musk is doing in paying for some celebrities to retain a blue tick can be considered as an unfair or deceptive practice because it creates an impression to the public—including consumers—that these specific celebrities are endorsing Twitter’s business models,' says Catalina Goanta, associate professor in law, economics, and governance at Utrecht University School of Law."  (our emphasis)

Musk has the deep pockets to afford a legal defense if necessary. But this is yet another unforced error by the narcissistic right-wing exploding rocket and car maker, who wanted to control the messaging on Twitter, but has utterly failed to maintain its integrity or viability.

(photo illustration:  Smelling that Musk-y smell/ Maura Losch;  Photo: Jim Watson/AFP via Getty Images)

 

Disney Co. Suing DeSantis

 



Bobblehead Bootsie's going to regret he tangled with Mickey:

The Walt Disney Co. on Wednesday filed a lawsuit in federal court against Florida Gov. Ron DeSantis and other officials alleging a "targeted campaign of government retaliation" after the company publicly opposed a state law that critics call "Don't Say Gay."

Disney and DeSantis have been embroiled in a feud over Walt Disney World's self-governing privileges in the Orlando area, which the possible Republican presidential contender has threatened to revoke. The corporation is one of the state's largest employers and a key driver of tourism.

The power struggle started when Disney, under then-CEO Bob Chapek, criticized the Florida government for a state education law that opponents have dubbed "Don't Say Gay." DeSantis signed the bill into law in March 2022 amid growing speculation that he might challenge former President Donald Trump for the 2024 GOP nomination.

Disney's lawsuit, filed in U.S. District Court for the Northern District of Florida, dramatically escalates the fight. The company alleges that a retaliation campaign was "orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech" and "now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights."

"Disney regrets that it has come to this," the company said in the first section of the lawsuit. "But having exhausted efforts to seek a resolution, the Company is left with no choice but to file this lawsuit to protect its cast members, guests, and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials."...

Bootsie made the unwise decision to take on one of the world's largest companies, one with very deep pockets and battalions of lawyers.  Why?  He arrogantly thought he could bully them, as he has others, into capitulating to his self- serving "war on woke,"  "freedom for me, not for thee" anti- LGTBQ agenda.  Disney nailed it by calling out Bootsie's campaign of "targeted retaliation" and "weaponization of government power."  Bootsie's proof positive of the devolution of a party of small government and deregulation to a full- bore fascist movement.

And boy, does this meatball have the look of a not- ready- for- prime- time loser with this ill- conceived gambit finally blowing up in his face just as he's failing to launch his challenge to the Malignant Loser.  Speaking of which, we can imagine the Malignant Loser is likely pleased he's not the only one going to court.

(Image:  Mike Luckovich, Atlanta Journal-Constitution)


Tweets Of The Day


The GQP wants to crash the U.S. economy.  Party over country -- 

 

 

"Afflict the afflicted..." --

 

 

Toxic MAGA --

 

 

The gag Tucker gambit --

 


What Would James Madison Do --

 

 

 

Washington State Democratic Gov. Jay Inslee getting 'er done --

 


Ronny's been hitting the bottle again --

 


The real history of Ukraine and Russia --

 

 

Your source for terrifying and hilarious pizza --

 

 

 

Mid-Week Songs: The Great Harry Belafonte

 

When we learned of singer, actor and civil and human rights leader Harry Belafonte's death yesterday at age 96, we knew we wanted to feature some of his iconic songs today. Belafonte popularized calypso music in the '50s and '60s, and was an early advocate of civil rights, appearing with Dr. Martin Luther King, Jr., and other icons at public rallies. His 1956 album "Calypso" was the first album by a single artist to sell one million copies, a remarkable achievement. A winner of the Emmy, Grammy, Oscar and Tony awards (EGOT), Belafonte also received the Kennedy Center Honors in 1989. Here are three of his hits, the beautifully wistful "Jamaica Farewell," the energetic "Jump In The Line," and his signature song, "Banana Boat (Day-O)."  Tributes from President Biden and former President Obama were among many that honored Belafonte. RIP for a life well-lived.



Trump Rape / Defamation Trial Opening Statements




After a rapid jury selection, attorneys for the Malignant Loser and his victim E. Jean Carroll gave their opening statements to the jury. Ms. Carroll's attorney didn't hold back in her description of the Malignant Loser's predatory pattern, indicating that two other women that were sexually assaulted by the Malignant Loser will testify:

“'Three women, one clear pattern,' attorney Shawn Crowley said. 'Start with a friendly encounter in a semi-public place. All of a sudden pounce, kiss, grab, grope. Don’t wait. When you are a star, you can do anything you want. And when they speak up about what happened, attack. Humiliate them. Call them liars. Call them too ugly to assault.'

Carroll is suing Trump for battery and defamation, alleging that he raped her in a Manhattan luxury department store dressing room in the spring of 1996 and then defamed her years later when she went public with the allegations. A jury was seated Tuesday and the first witnesses will appear beginning Wednesday.

Carroll is expected to testify Wednesday, according to a source familiar with the matter. The first witness is expected to be Cheryl Beal, who worked at Bergdorf Goodman, the source said." (our emphasis)

The inclusion of two other assault victims, of an employee of Bergdorf Goodman where Carroll was assaulted by the Malignant Loser, and contemporary witness accounts at the time should provide the jury with ample evidence in this civil case.

The Malignant Loser's goombah attorney, Joseph Tacopina's approach is to smear Carroll and any witness that may challenge his client's claim of innocence, saying as he does that it's a political hit job:

"Trump’s attorney Joe Tacopina said during his opening statement Carroll conspired against the former president with the two women, Jessica Leeds and Natasha Stoynoff, because they hate him politically.

'They schemed to hurt Donald Trump politically,' Trump’s attorney said trial evidence will show.

Tacopina told the jury they’re not there to consider the accounts of those two women.

'That’s not for you to decide here,' Tacopina said. 'Those people have never made a claim. No one has ever told the police, including Ms. Carroll. No one. Because that would require a real investigation. No one has ever done that. But they want you to focus on anything but the E. Jean Carroll story because it is so incredible and so unbelievable.'”  (our emphasis)

Tacopina knows that a great number of rapes are never reported, and in the case of a wealthy celebrity, it's even harder to press charges knowing the resources that will be used against you. Carroll will get her chance to testify today, along with the other witnesses, and with the Malignant Loser's own words on the Access Hollywood tape, she'll make a compelling case against him.

BONUS:  The Malignant Loser's big mouth might land him in more trouble --

 

 

 

And Then There Were Two



It seems Clarence Thomas may have a partner in unethical behavior on the Republican Supreme Court:

For nearly two years beginning in 2015, Supreme Court Justice Neil Gorsuch sought a buyer for a 40-acre tract of property he co-owned in rural Granby, Colo.

Nine days after he was confirmed by the Senate for a lifetime appointment on the Supreme Court, the then-circuit court judge got one: The chief executive of Greenberg Traurig, one of the nation’s biggest law firms with a robust practice before the high court. Gorsuch owned the property with two other individuals.

On April 16 of 2017, Greenberg’s Brian Duffy put under contract the 3,000-square foot log home on the Colorado River and nestled in the mountains northwest of Denver, according to real estate records.

He and his wife closed on the house a month later, paying $1.825 million, according to a deed in the county’s record system. Gorsuch, who held a 20 percent stake, reported making between $250,001 and $500,000 from the sale on his federal disclosure forms.

Gorsuch did not disclose the identity of the purchaser. That box was left blank.

Since then, Greenberg Traurig has been involved in at least 22 cases before or presented to the court, according to a POLITICO review of the court’s docket.

They include cases in which Greenberg either filed amicus briefs or represented parties. In the 12 cases where Gorsuch’s opinion is recorded, he sided with Greenberg Traurig clients eight times and against them four times.

There's much more at the link.

When you have unaccountable political hacks who seem to subscribe to a "prosperity gospel" approach to serving in lifetime judicial appointments, perhaps an ethics code might be in order?  It might at least be a speed bump on their way to helping friends, benefactors, and themselves.  How about it, Senate?


Tuesday, April 25, 2023

Today's Cartoons -- Tucker Carlson Defenestration Edition

 

(click on images to enlarge)

(Michael de Adder, Halifax Chronicle Herald, Canada)

(Bill Bramhall, New York Daily News)


(Dave Granlund, davegranlund.com)

(Jeff Danziger, The Rutland Herald, VT)

(Matt Davies, Newsday)

(Chris Britt, gocomics.com)

(Ed Hall, Artizans.com)

(Phil Hands, Wisconsin State Journal)

(Nick Anderson, Reform Austin News, TX)


 (Dave Whamond, caglecartoons.com)

(John Deering, Arkansas Democrat-Gazette)

(Michael Ramirez, Las Vegas Review-Journal)

(Ann Telnaes, Washington Post)

(Jason Adam Katzenstein, The New Yorker)


Tweets Of The Day

 

Buh-byes for Tucker Carlson, and a job offer from Russia Today --


 

 

 


Seems like a good time to resurrect this gem --  

 


The Malignant Loser's rape / defamation trial begins today -- 


 


Another Republican "Justice" compromised by land deal --  


 

AZ's Reuben Gallego polling 42% with Kari Lake and Kyrsten Sinema well behind --  



The book-banning culture warriors on the far right are out of control --  



Erasing Ukraine's culture is a Russian war crime. Period. --  



RIP to a legend, Harry Belafonte --  



"North Korea" notes situation of quidnunc Carlson --  


 

 

Proud Boy Leader Turns On His Führer





The seditious conspiracy trial of five so-called Proud Boy leaders is in the closing arguments phase, and the Malignant Loser's brown shirts are (surprise!) pointing to him as the reason for their attack on the Capitol. As their judgement day approaches, the street thugs are adopting the "just following orders" defense from the Nuremberg trials, with Proud Boy founder Enrique "Gusano Cubano" Tarrio's lawyer  making it clear who was heading the conspiracy:

“'It was Donald Trump’s words. It was his motivation. It was his anger that caused what occurred on January 6th in your amazing and beautiful city,' said Nayib Hassan, Tarrio’s lawyer, during closing arguments in a seditious conspiracy trial stemming from the Jan. 6 attack.

Hassan leaned heavily into the role Trump played in ginning up the crowd at his rally the morning of Jan. 6, just minutes before rioters began breaching police barricades at the Capitol. Trump urged his supporters to 'fight like hell' just 36 minutes before the first wave of the mob charged at police, Hassan noted.

'It was not Enrique Tarrio. They want to use Enrique Tarrio as a scapegoat for Donald Trump and those in power,' Hassan said."  (our emphasis)

Prosecutors have laid out the case that the Proud Boys saw the Malignant Loser as key to their survival in the future, and his defeat as a fatal blow to their vision of an authoritarian America under him:

"Prosecutors say the leaders, loyal to Trump and fearful of the Proud Boys’ survival in a post-Trump America, devised plans to keep Trump in office. And throughout the four-month trial, the Justice Department repeatedly emphasized how Tarrio and the Proud Boys keyed off and drew energy from Trump’s own bid to subvert the 2020 election. The group’s plan went into overdrive, prosecutors said, after Trump’s Dec. 19, 2020 tweet calling on supporters to descend on Washington on Jan. 6, 2021 to challenge the election results." (our emphasis)

The fascist nimrods were jacked up like little fanboys by the Malignant Loser's call for them to "stand back and stand by" during a September 2020 Presidential debate, even incorporating the slogan on their patches and shirts. Now they face years in prison on nine counts felony counts (defendant Dominic Pezzola faces an additional robbery charge) as they watch their cult leader campaign for President.

(photo: Tarrio holding cult leader's sign)

 

QOTD -- Carlson Coda

 

"... It seems that Fox News was fine with Carlson’s vicious, often baseless, attacks, as long as they were directed elsewhere. Once they started landing closer to home, network leaders took another look at the terrible individual on their payroll." -- Washington Post media critic Erik Wemple, providing a coda to the Tucker Carlson canning by Rupert Murdoch's Fox "News."  "Terrible individual," indeed, but also a terrible company.


The Fulton County Slow Walk

 

After announcing in late January that decisions are "imminent" regarding charges for the Malignant Loser and his enablers for their attempt to subvert the 2020 Presidential election in Georgia, it now appears that Fulton County, GA, District Attorney Fani Willis won't make that "imminent" decision until some time this summer. In a letter to local and state law enforcement, Willis said there would be a need for heightened security due to threats of violence from MAGA cult members. That in itself is an indication that charges will indeed be brought against the Malignant Loser and his Big Lie cohort, including his unhinged "personal lawyer" Rudy "Dye Drip" Giuliani at long last. But the wait is excruciating and potentially perilous for the prosecution.

The deep disappointment over the new, delayed timetable was voiced by former Federal prosecutor Elie Honig, speaking to Wolf Blitzer on CNN:

"I think there is a very fair criticism of Fani Willis for taking this. Fani Willis became the D.A. on January 1st, 2021. The tape that we just heard of Donald Trump calling Brad Raffensperger, that happened next day and then became public within hours, and now we're looking at an indictment, if this timeline holds, at earliest two and a half plus years after the effect. I know investigations take time. This should not have taken two and a half plus years. And now as a result of that, Wolf, Donald Trump supporters are going to say, first of all, we didn't see an indictment for two and a half years until after Donald Trump, A) announced candidacy and, B) is emerging as a frontrunner.

They're not going to get to a trial until the middle of 2024 at the earliest if we see a charge this summer. There is discovery and appeals and motions, and is a state judge really going to hold a trial of a potential Republican frontrunner or nominee that close to an election? I'm not so sure. And I think Fani Willis bears responsibility for taking this long to do this."  (our emphasis)

The evidence in the case appears to be overwhelming, not just the Malignant Loser's voice on tape asking Georgia officials to produce fraudulent ballots for him, but the testimony of witnesses and documentation that indicates election fraud, and more, was perpetrated. As Honig points out, the delays create space for the Malignant Loser and his cult to slow the court and to undermine Willis' case that they've argued falsely from the beginning is political. Time lost is time wasted.

 

Biden Launches Re-Election Bid

 

Here we go.

 

BONUS USA Today's Rex Huppke on Biden, the candidate:

Biden being up in years would be a bigger issue for Democrats if the Republican Party didn’t presently have the vibe of an abandoned garbage barge surrounded by angry seagulls.  [snip]

I once made the mistake of thinking Trump would never become president, and proven dead wrong hung up my prognostication helmet for good.

But as dangerous as it may be to doubt the possibility of Trump or a Trump-like clone catching electoral lighting in a bottle, history has proved it’s equally risky to doubt one Joseph Robinette Biden Jr.

He has a way of defying political gravity. And that doesn’t seem to have changed much with age.

Wherever you are on the gamut from thrilled to not so much, we've got to make sure we win in 2024, "we" meaning Biden/Harris, Democrats, democracy.   There's a great record of achievements to run on and be proud of, but beyond that, we know what a "garbage barge" the Republican/ Trumpist/ Christofascist/ Shooters Party is and what it would do if it held the White House.  That's what should concentrate our minds more than anything else.


Monday, April 24, 2023

His Final Lie

 


Oh, the schadenfreude, it tingles!

(h/t democraticundergound.com)

Tweets Of The Day


Weighing in on Tovarich Tucker's ousting --

 

 

 

 


The war on "woke":  a mind is a terrible thing to use -- 


 


Bobblehead Bootsie --

 


"Getcher transphobic coozie raht cheer!" (Not a satire, though it sure plays like one) --

 


Pious Pastor Pence's pill position --

 


Overconfident war criminal says what --

 

 

Taking a bath --

 

 

🎶Memories (3 years ago) --


 

 

BREAKING: Tovarich Tucker Out At Fox



Fox "News" has just announced that lying propagandist Tucker "Tovarich" Carlson and the network have parted ways, effective last Friday. Carlson's lies about the 2020 election and his constant pandering to war criminal Vladimir Putin have marked his recent time at the far-right network. He was integral in Dominion Voting Systems' defamation case, being caught calling the Malignant Loser's Big Lie b.s. behind the scenes, while pushing it and conspiracies about Dominion on the air.  Fox issued an abrupt announcement in the last hour:

“Fox News Media and Tucker Carlson have agreed to part ways. We thank him for his service to the network as a host and prior to that as a contributor.” 

Just in time for the Smartmatic suit. If we were Sean Hannity, Laura Ingraham or Jeanine Pirro, we'd be checking with our lawyers now. Meanwhile, Tovarich can always get a job with Russian state TV.

UPDATE: Looks like CNN's Don Lemon got the ax today, too, likely for the continuing fallout from his "not in her prime" remark about Nimrata "Nicki" Haley.

(image: Daily Beast)