Brian Kemper (@bwkemper.bsky.social) reply parent
And you can’t even answer why those two assertions aren’t inconsistent! I mean no one can. Still so pathetic.
Attorney, father, Peloton addict, writer, and Eternal Keeper of the Final Word Check out my novel "Everything Can Change" available on Amazon.
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view profile on Bluesky Brian Kemper (@bwkemper.bsky.social) reply parent
And you can’t even answer why those two assertions aren’t inconsistent! I mean no one can. Still so pathetic.
Brian Kemper (@bwkemper.bsky.social) reply parent
FFS, you can’t even keep your assertions consistent. First you claimed that my “statement” was that you admitted that Rittenhouse killed them for that reason. Now you’re claiming that I was the one saying he killed for that reason. Your bullshit is so bad that even you can’t keep it straight.
Brian Kemper (@bwkemper.bsky.social) reply parent
Brian Kemper (@bwkemper.bsky.social) reply parent
He also seems like the kind of person that believes that saying that Rittenhouse is a racist is also a defamatory statement.
Brian Kemper (@bwkemper.bsky.social) reply parent
Nope. I was asking you if that was your claim. Which is why a a question make followed it. I wouldn’t need to ask you if you were asserting that Rittenhouse knew their histories if you had admitted that he shot them for that reason. He would have to know that to shoot them for that reason.
Brian Kemper (@bwkemper.bsky.social) reply parent
Blah, blah, blah. It takes quite the ego to assert that my proving you’re an idiot is “barfing on humanity.”
Brian Kemper (@bwkemper.bsky.social) reply parent
What? “Barfing on humanity?” Jesus you’re dumb. Please continue demonstrating how dumb you are.
Brian Kemper (@bwkemper.bsky.social) reply parent
I made no claim. I was asking what your claim was? God, yuu’re dumb.
Brian Kemper (@bwkemper.bsky.social) reply parent
Sure Chuckles.
Brian Kemper (@bwkemper.bsky.social) reply parent
No, because the words around that and the question mark show I was asking a question. It’s quite telling that you have to misquote me to make your assertion “Are you claiming that...” and the question make show that was a question not a statement.
Brian Kemper (@bwkemper.bsky.social) reply parent
Agian says the moron who has made numerous idiotic statements in the last day. What a tool.
Brian Kemper (@bwkemper.bsky.social) reply parent
That was part of the question Lenny. That could only be true and a statement if I knew the answer to the first part. Which is what I was asking you about. FFS, you keep showing your ineptness.
Brian Kemper (@bwkemper.bsky.social) reply parent
This feels like I am teaching my kids third grade lessons again. They caught on far quicker.
Brian Kemper (@bwkemper.bsky.social) reply parent
Have you heard of a compound question? there were two parts to it which were 1) was your claim that he knew those histories and 2) are you claiming he shot them for that reason. The second couldn’t be true and this a statement unless 1) was the claim you were making.
Brian Kemper (@bwkemper.bsky.social) reply parent
Nope. It was only a question. There was no claim in that sentence. Which a third grader would know.
Brian Kemper (@bwkemper.bsky.social) reply parent
It was a question you dolt. Keep making excuses but you were too dumb to know that. Hell, maybe you’re too dumb to be a bot.
Brian Kemper (@bwkemper.bsky.social) reply parent
Blah, blah, blah. You’re the bot who is incapable of telling the difference between a question and a statement.
Brian Kemper (@bwkemper.bsky.social) reply parent
That is a question, not a statement you dolt. Notice the question mark rather than a period or an exclamation mark? I am asking you if that was your claim, not stating that is what your claim was. That’s third grade English, FFS. How does the question mark not tip you off? You have to be a bot.
Brian Kemper (@bwkemper.bsky.social) reply parent
You’ve shown that your critical thinking skills are sub-par.
Brian Kemper (@bwkemper.bsky.social) reply parent
Says the moron who is unable to tell the difference between statement of fact and one of opinion.
Brian Kemper (@bwkemper.bsky.social) reply parent
No, I am arguing what the law is and what is relevant in the case or not. the only one deranged statements is you. Like claiming a “not guilty” verdict legally equals innocence. No one with a brain would make such statement.
Brian Kemper (@bwkemper.bsky.social) reply parent
What statement did I make? Can’t you read? I asked a question and then noted consequences depending your answer. And again if he didn’t know, then their past personal histories is irrelevant.
Brian Kemper (@bwkemper.bsky.social) reply parent
Are you claiming that Rittenhouse shot them for those reasons? Also, do you think a criminal can’t become the victim of someone else? As for “stupid,” you’re the moron who claimed that a “not guilty” verdict means innocence or that Rittenhouse has an excellent case to sue.
Brian Kemper (@bwkemper.bsky.social) reply parent
Kathryn, we know that the guy testified that … Oh wait he couldn’t testify as to his belief as to why he used force against Rittenhouse. Because he was dead.
Brian Kemper (@bwkemper.bsky.social) reply parent
Why won’t he answer his question re: the victims’ personal history? You are very eager to bring them up but you refuse to answer questions about why they are relevant.
Brian Kemper (@bwkemper.bsky.social) reply parent
Are you claiming then that he knew thos people’s personal history before he killed them and shot them for that reason? If so. that defeats your case for self-defense. If not, their personal histories are irrelevant to any discussion if he was guilty or not.
Brian Kemper (@bwkemper.bsky.social) reply parent
people. Those are “disclosed facts.” Everything presented by the prosecution is a “disclosed fact.” FFS, Pinky, peope can express an opinion that abortion providers are murderers even if they operate in states where abortion is legal. Because it is their opinion. This is some basic level shit
Brian Kemper (@bwkemper.bsky.social) reply parent
statements. And you don’t know what “disclosed facts” means legally. There are disclosed facts that can lead to someone expressing an opinion that he committed murder, even if it’s a moral opinion and not a legal one. For instance, he admitted to bringing the weapon and lkilling …
Brian Kemper (@bwkemper.bsky.social) reply parent
It’s not an “intentional lie” to say express an opinion that he is a murderer. And everyone has a 1A right to express that. The law is very clear on that. It would be an “intentional lie” to claim that he was convicted by a jury for murder. But you can’t tell the difference between those …
Brian Kemper (@bwkemper.bsky.social) reply parent
Says the guy that doesn’t realize that saying someone based upon disclosed facts is a “murderer” is an opinion. Or that Rittenhouse has an excellent defamation claim when he absolutely does not. Which is why he never sued anyone for it.
Brian Kemper (@bwkemper.bsky.social) reply parent
I didn’t call him a murderer. I pointed out the idiocy of claiimijg that a “not guilty” verdict equals “innocent.”
Brian Kemper (@bwkemper.bsky.social) reply parent
a criminal verdict means that someone is innocent or that the verdict is binding on anyone other than the government Thanks for admitting that you are absolutely wrong that a “not guilty” argument means that the defendant is innocent,
Brian Kemper (@bwkemper.bsky.social) reply parent
That doesn’t correct my points that the verdict does not legally mean what you claim it means. In fact, you essentially admit it beciae now you are turning to the evidence to try and prove that Rittenhouse acted in self-defense. Rather than turning to any legal principles or holdings that …
Brian Kemper (@bwkemper.bsky.social) reply parent
If a juror after hewing all the evidence reaches the conclusion that they don’t know if the defendant did the crime or not. they have to vote “not guilty.” In many occasions after a trial, jurors have been interviewed and have said that’s why they voted “not guilty.”
Brian Kemper (@bwkemper.bsky.social) reply parent
So yeah, it’s not rocket science but it is the law.
Brian Kemper (@bwkemper.bsky.social) reply parent
It’s also why Rittenhouse never sued Whoopi Goldberg or anyoone else for defamation for calling him a murderer. And no, he cannot sue her in the future because the statute of limitations has run out.
Brian Kemper (@bwkemper.bsky.social) reply parent
Which is why OJ could be found civilly liable and thus responsible for the wrongful death of victims even though a criminal jury found him not guilty. If your assertions were even close to correct, that civil verdict would not be possible.
Brian Kemper (@bwkemper.bsky.social) reply parent
express their opinion that the jury reached the wrong verdict. And that verdict is not binding on anyone but the gov’t.
Brian Kemper (@bwkemper.bsky.social) reply parent
Nope. What it means legally is that the jury found that the prosecution did not carry their burden to prove the defendant guilty beyond a reasonable doubt. A guilty man can be found “not guilty”and history shows it has happened). Plus, one can exercise thieir 1A right to …
Brian Kemper (@bwkemper.bsky.social) reply parent
bsky.app/profile/bwke...
Brian Kemper (@bwkemper.bsky.social) reply parent
Maddow didn’t claim it was a “mistake.”
Brian Kemper (@bwkemper.bsky.social) reply parent
No, they didn’t. They didn’t get “around” the lawsuit. It was dismissed because the judge found that the statements are issued were statements of opinion and/or rhetorical hyperbole that no reasonable viewers would interpret as a statement of fact. There is no “entertainment” defense.
Brian Kemper (@bwkemper.bsky.social) reply parent
Next, the FCC has no authority over cable channels nor any other medium other than “broadcasting” over radio waves. That authority has shown in the thread below was only allowed due to “unique” issues with that medium. bsky.app/profile/bwke...
Brian Kemper (@bwkemper.bsky.social) reply parent
No they don’t do that. That’s a social media myth. Calling yourself “entertainment” does not get you out of lawsuits. www.popehat.com/p/fox-news-v...
Brian Kemper (@bwkemper.bsky.social) reply parent
How is that different from what was written?
Brian Kemper (@bwkemper.bsky.social) reply parent
Correction, it's one of plethora of reasons that he is a moron.
Brian Kemper (@bwkemper.bsky.social) reply parent
declaration would be made. And the DoJ has no authority or role with regard to Section 230 and any action by the DoJ would have no legal impact on anyone else. As the Court noted the first time he sued the gov't. Which is why he is a moron.
Brian Kemper (@bwkemper.bsky.social) reply parent
Thus, even if the DOJ were to "side with Fyk," his lawsuit would still be useless. A judicial declaration that Section 230 unconstitutional by a district court is not binding on any parties other than the ones present in the case. And Facebook would not be in the case by the time such ...
Brian Kemper (@bwkemper.bsky.social) reply parent
FFS, Fyk has already been told that suing the federal gov't on this claim is uselss because there is no relief the gov't can give him on this.
Brian Kemper (@bwkemper.bsky.social) reply parent
And again it doesn’t even get to that point because the case gets dismissed on a motion to dismiss based on res judicata and lack of standing.
Brian Kemper (@bwkemper.bsky.social) reply parent
And why would the DOJ “side with Fyk?”
Brian Kemper (@bwkemper.bsky.social) reply parent
FFS, don’t you remember when I asked you what Constitutional provision it allegedly violates and you had no clue?
Brian Kemper (@bwkemper.bsky.social) reply parent
Plus you can’t an injunction against the courts interpreting a statute. It’s the courts interpreting and applying Section 230 and we already have cases rejecting arguments 230 is unconstitutional. It’s an idiotic argument like every other argument Fyk has made. And I have explained why b/4.
Brian Kemper (@bwkemper.bsky.social) reply parent
They won’t and can’t side with him. And no the court would rule against that per Facebook’s argument.
Brian Kemper (@bwkemper.bsky.social) reply parent
they will move to dismiss.
Brian Kemper (@bwkemper.bsky.social) reply parent
And if he tries this suit, it’s very likely that Facebook will seek sanctions against his attorney for bringing a frivolous lawsuit.
Brian Kemper (@bwkemper.bsky.social) reply parent
That’s should have been obvious by my use of past tense verbs like “didn’t”, “did” and “lost.”
Brian Kemper (@bwkemper.bsky.social) reply parent
Pinky, I was talking about the writ he filed in the spring and how he framed it completely wrong as I explained it to to you then. I was pointing to 2 examples where Fyk showed he didn’t care about the law and it had no relevance.
Brian Kemper (@bwkemper.bsky.social) reply parent
No, he would first file a case in the district court. And why does that change a single thing I said?
Brian Kemper (@bwkemper.bsky.social) reply parent
How many times dows Fyk have to be proven wrong until you finally think “I shouldn’t take a single thing he says seriously? Because he has been wrong about everything and not right once.
Brian Kemper (@bwkemper.bsky.social) reply parent
Fyk didn’t care about meeting the requirements of how he had to frame his writ of certiorari or what FRCP 5.1 really meant. The courts did which is why he lost.
Brian Kemper (@bwkemper.bsky.social) reply parent
These are not difficult things to understand.
Brian Kemper (@bwkemper.bsky.social) reply parent
The courts care about res judicata, Pinky. What Fyk cares about is irrelevant. As I’ve told you, his case will be dismissed.
Brian Kemper (@bwkemper.bsky.social) reply parent
It’s amazing how people can completely misunderstand basic English. It’s not like there is any legal-ese in that portion. Plus it has to be interpreted in light of what the definition is above.
Brian Kemper (@bwkemper.bsky.social) reply parent
I’m going to mute you because your idiocy and ignorance is actually painful to deal with.
Brian Kemper (@bwkemper.bsky.social) reply parent
Deal with what?
Brian Kemper (@bwkemper.bsky.social) reply parent
The judicial system doesn’t use maritime law against its citizens unless it involves their interactions with the employment, transport, etc. ON THE SEA. Any claim otherwise is completely baseless and idiotic.
Brian Kemper (@bwkemper.bsky.social) reply parent
Do you not speak English? Because anyone who does should realize that language does not mean what you claim. FFS.
Brian Kemper (@bwkemper.bsky.social) reply parent
Wrong. The very language you underlined is all talking about the role courts play in Maritime Law. It is not saying that Maritime Law is the same law that applies to events on land.
Brian Kemper (@bwkemper.bsky.social) reply parent
Asked and answered. Any such case is barred by rea judicata. I’ve repeatedly told you this.
Brian Kemper (@bwkemper.bsky.social) reply parent
And the government has every right to pass 230 or any other law that does tort reform to give immunity. There is nothing unconstitutional about that.
Brian Kemper (@bwkemper.bsky.social) reply parent
The courts were the arbiter and ruled a) he failed to state a claim due to 230 against Facebook and b) he had not standing to sue the government that 230 was unconstitutional. He was given his chance to appeal and he did so and lost. He was given due process and is just butt hurt he lost.
Brian Kemper (@bwkemper.bsky.social) reply parent
Do not continue or I will block you.
Brian Kemper (@bwkemper.bsky.social) reply parent
He’s so dumb he doesn’t realize the the Trump 230 EO is legally irrelevant even if the courts did look at it.
Brian Kemper (@bwkemper.bsky.social) reply parent
And that is not what was said in those cases. FFS, in the case against the gov’t, it was ruled that he had no standing to sue the gov’t for 230. It’s over for him, as I have repeatedly explained. He and anyone else who think he can change are legally moronic.
Brian Kemper (@bwkemper.bsky.social) reply parent
There are no more details he can give. He is blocked from suing Facebook and the gov’t again on these claims or any others he could have brought with regard to these facts
Brian Kemper (@bwkemper.bsky.social) reply parent
I’ve answered the same question title and time again. Quoting Fyk does not answered my question. Only you can.
Brian Kemper (@bwkemper.bsky.social) reply parent
Don’t you dare or I will block you.
Brian Kemper (@bwkemper.bsky.social) reply parent
Brian Kemper (@bwkemper.bsky.social) reply parent
Seriously, and answer this question, what in your question today is different from what you've been asking about the plans Fyk has been expressing since he lost in June?
Brian Kemper (@bwkemper.bsky.social) reply parent
Further, his suits in "California courts." That makes it sound like state courts. They were federal courts including the Ninth Circuit which covers several states AND SCOTUS refused his appeal. How many times do I have to tell you the same shit?
Brian Kemper (@bwkemper.bsky.social) reply parent
And I've also told you that Trump's 2020 order did not claim to make Section 230 unconstitutional. There is nothing in it that would be useful in such a suit even if he could sue. Which you would know if you actually read it.
Brian Kemper (@bwkemper.bsky.social) reply parent
Asked and answered. He cannot sue Facebook and the gov't again for his removal, etc. from Facebook. I've literally told this to you more than 4 times.
Brian Kemper (@bwkemper.bsky.social) reply parent
Apparently, when you prove him wrong on every assertion and tell him he is applying the law wrong, you're making a "false judgement" and are only doing so to please the IRS and maintain standing as an attorney. What do you expect from someone who defended the term "sovereign citizen?"
Brian Kemper (@bwkemper.bsky.social) reply parent
Many, many times, the people only read the headline and make assumptions based on headline and never read the article/page. They don't get headlines aren't written by the actual article author and that they're worded to get clicks or edited for space.
Brian Kemper (@bwkemper.bsky.social) reply parent
I'd also add they shouldn't just post the link. Post a screenshot of the portion of the page that supports their argument. In the vast majority of cases where someone posts a link, the article, essay, etc. upon which they rely doesn't actually support their argument and often contradicts it.
Brian Kemper (@bwkemper.bsky.social) reply parent
Story of Tom Clancy’s O
Brian Kemper (@bwkemper.bsky.social) reply parent
Take a look at his attempt to take the definition of “willfulness” as a “voluntary and intentional violation of a known legal duty” as proving that paying taxes was voluntary. As if the word “voluntary” was characterizing “known legal duty” as opposed to violation.
Brian Kemper (@bwkemper.bsky.social) reply parent
His arguments not only take disparate meanings from unconnected sources, he also misinterprets them as well. Hell, he said that 15 USC 4724 defines US citizens as “businesses” for purposes of the tax code. It clearly does not.
Brian Kemper (@bwkemper.bsky.social) reply parent
“Contrary to his belief, it does not say that income is limited to such benefits.” Further, the intepretation was a statutory one of the statutes at that time. The code has changed drastically.
Brian Kemper (@bwkemper.bsky.social) reply parent
bsky.app/profile/beli...
Brian Kemper (@bwkemper.bsky.social) reply parent
He’s citing a SCOTUS case in the ‘20ms that sas that income includes corporate benefits. Contrary to his belief, he thinks it limited “income” to corporate benefits.
Brian Kemper (@bwkemper.bsky.social) reply parent
But apparently that what he thinks lawyers do or could do. Even when the individual statutes, etc say the use/definition is limited to that section.
Brian Kemper (@bwkemper.bsky.social) reply parent
to allow “free speech.” Doing so is the violation of 1A.
Brian Kemper (@bwkemper.bsky.social) reply parent
And finally 1A does guarantee free speech in the way you claim, asserting that an outlet being a propaganda machine “stifles free speech.” 1A only protects from government infringement of free speech. Private entities cannot violate 1A. As the cases above show, they can’t be required to …
Brian Kemper (@bwkemper.bsky.social) reply parent
Therefore due ro the above, we know that the Doctrine application of “brodcast stations” (of which cable channels are not) was an exception to 1A and that it could never be applied constitutionally to any other medium.
Brian Kemper (@bwkemper.bsky.social) reply parent
And I do think that we can say what would have happened given everything I pointed to. You think that that it’s possible that they could have which indicates also the possibility that they couldn’t have.
Brian Kemper (@bwkemper.bsky.social) reply parent
Whch means that it could be correct or it could be incorrect. “Incorrect” indicates an affirmative denial of the statement they couldn’t have.
Brian Kemper (@bwkemper.bsky.social) reply parent
No it isn’t at all. It goes it the direct authority under 1A for the FCC to license and regulate broadcast stations. And I have demonstrated that the drafters of 1A intended the right to “free press” to prohibit such licensing and regulation.
Brian Kemper (@bwkemper.bsky.social) reply parent
newspaper didn’t want to publish. The ruling was not premised on any unique factors applicable to newspapers. Last summer, SCOTUS held that social media sites also held such 1A rights and couldn’t be compelled by the gov’t to display viewpoints they didn’t want.