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  1. #21
    Quote Originally Posted by Gemini Soul View Post
    First Amendment does not apply, they are asking for account information not to have the account closed so there is no freedom of speech that is being silenced or stopped.
    The 4th Amendment would certainly apply. Twitter can invoke their 4th Amendment rights in order to ensure the 1st Amendment rights of the private citizens, their customers.

  2. #22
    Quote Originally Posted by Demona3 View Post
    We all know the Trump family has thin skin. Freedom of speech will protect whoever that user is.
    First Amendment does not apply, they are asking for account information not to have the account closed so there is no freedom of speech that is being silenced or stopped.

  3. #23
    Quote Originally Posted by Gemini Soul View Post
    First Amendment does not apply, they are asking for account information not to have the account closed so there is no freedom of speech that is being silenced or stopped.
    A judge can rule that the motives behind the attempt to find out the personal information, is to limit freedom of speech with that information.

  4. #24
    The Unstoppable Force Belize's Avatar
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    Quote Originally Posted by Gemini Soul View Post
    First Amendment does not apply, they are asking for account information not to have the account closed so there is no freedom of speech that is being silenced or stopped.
    Actually, I think this would fall under the same as anonymous media sources that they can't forcefully identify.

  5. #25
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    Quote Originally Posted by Demona3 View Post
    Freedom of speech will protect whoever that user is.
    I'll be honest, I don't even know if that applies here. Twitter is a private business.

  6. #26
    Quote Originally Posted by Gemini Soul View Post
    First Amendment does not apply, they are asking for account information not to have the account closed so there is no freedom of speech that is being silenced or stopped.
    Good point. This isn't freedom of speech; it's right to privacy.

    However, unless a crime has been committed, the government cannot compel Twitter to do anything. They can ask, but not force.

  7. #27
    Quote Originally Posted by Machismo View Post
    A judge can rule that the motives behind the attempt to find out the personal information, is to limit freedom of speech with that information.
    The only way to limit the freedom of speech is to arrest said person based on his twitter account, and that is where the freedom of speech battle belongs in that case not in a case of government asking for user account information.

    Twitter will get served with a subpoena for the account information and they will comply.

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    Quote Originally Posted by Exedore View Post
    Good point. This isn't freedom of speech; it's right to privacy.

    However, unless a crime has been committed, the government cannot compel Twitter to do anything. They can ask, but not force.
    Seeing how its about Trump, National Security, President safety, Patriot Act could be used as means to compel all they need is a few tweets to based it off of.

  8. #28
    Quote Originally Posted by Gemini Soul View Post
    The only way to limit the freedom of speech is to arrest said person based on his twitter account, and that is where the freedom of speech battle belongs in that case not in a case of government asking for user account information.

    Twitter will get served with a subpoena for the account information and they will comply.
    The government could also threaten to arrest them. They also have to justify why they want that information, which goes along 4th Amendment rights. They are literally restricting the freedom of privacy in order to be able to restrict the freedom of speech, sad!

    Why do conservatives seem to hate freedom so much?

  9. #29
    "cause damage to the department's reputation or bring it into disrepute."

    Why is Trump allowed to tweet then ?

  10. #30
    Quote Originally Posted by Belize View Post
    Actually, I think this would fall under the same as anonymous media sources that they can't forcefully identify.
    Its a twitter account, they aren't asking for a source in a news story. There is no media outlet, just social networking.

  11. #31
    Quote Originally Posted by Gemini Soul View Post
    Its a twitter account, they aren't asking for a source in a news story. There is no media outlet, just social networking.
    Twitter could easily claim to be a media outlet, and the government would have to show compelling reasons for gaining that information. If they cannot show that a crime was committed, a limited-government judge is going to side with Twitter. Twitter had the funding and the social backing to take this all the way to the Supreme Court.

  12. #32
    Quote Originally Posted by Machismo View Post
    Twitter could easily claim to be a media outlet, and the government would have to show compelling reasons for gaining that information. If they cannot show that a crime was committed, a limited-government judge is going to side with Twitter. Twitter had the funding and the social backing to take this all the way to the Supreme Court.
    How about freedom of assembly ?

  13. #33
    Quote Originally Posted by Halicia View Post
    How about freedom of assembly ?
    I do see the government losing this in the long run. They will be trying to justify infringing on privacy rights based on a political vendetta. Conservatives will hate it, liberals will hate it.

  14. #34
    Quote Originally Posted by Machismo View Post
    Twitter could easily claim to be a media outlet, and the government would have to show compelling reasons for gaining that information. If they cannot show that a crime was committed, a limited-government judge is going to side with Twitter. Twitter had the funding and the social backing to take this all the way to the Supreme Court.
    No judge is going to let that argument work, Twitter is branded and sold as social networking/social media not as a news outlet they don't put out news reports or articles. A freedom of the press source shield would not apply.

  15. #35
    Quote Originally Posted by Gemini Soul View Post
    No judge is going to let that argument work, Twitter is branded and sold as social networking/social media not as a news outlet they don't put out news reports or articles. A freedom of the press source shield would not apply.
    Privacy rights would apply. Which judges would hate an invasion of privacy more, liberals or conservatives? Since the government is coming across as petty, and wanting to punish people for their speech, it can also turn into a 1st Amendment issue. This is problematic for the government if they cannot demonstrate to a judge that a crime has been committed.

    Any decent judge will ask WHY the government wants that information.

  16. #36
    Quote Originally Posted by Machismo View Post
    Privacy rights would apply. Which judges would hate an invasion of privacy more, liberals or conservatives? Since the government is coming across as petty, and wanting to punish people for their speech, it can also turn into a 1st Amendment issue. This is problematic for the government if they cannot demonstrate to a judge that a crime has been committed.
    All they need a few tweets used a probable cause in favor of National Security, Patriot Act, or Presidential Safety to trump privacy rights claim.

  17. #37
    Quote Originally Posted by Gemini Soul View Post
    All they need a few tweets used a probable cause in favor of National Security, Patriot Act, or Presidential Safety to trump privacy rights claim.
    But so far, I haven't seen any tweets that would justify such a thing. Have they made any threats to the President or national security? Have they hinted they are working with foreign governments? Since the President himself has leaked classified information, as have many of his staffers, they can't really justify that approach, either.

  18. #38
    It's okay, no one loves free speech as much as Trump.

  19. #39
    The account's description, however, stresses that its views are “Not the views of DHS or USCIS.”
    So that is all I have to say online to get away with any view I may have in the heat of the moment? Got it.

    Also Twitter saying they protect the privacy of their users..... ahahahhahahahahhahahahahahhaa.

  20. #40
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    Quote Originally Posted by Machismo View Post
    But so far, I haven't seen any tweets that would justify such a thing. Have they made any threats to the President or national security? Have they hinted they are working with foreign governments? Since the President himself has leaked classified information, as have many of his staffers, they can't really justify that approach, either.
    I really would not be surprised if they came up with a bullshit excuse to get that info.
    Its not Like Trump gives a shit about any values that do not benefit him. Its a mystery why 36% of the Americans still approve of them.

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    Quote Originally Posted by Sinyc View Post
    So that is all I have to say online to get away with any view I may have in the heat of the moment? Got it.
    .
    Get away from what?

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    Quote Originally Posted by Soeroah View Post
    It's okay, no one loves free speech as much as Trump.
    He has the bestest speech.

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