Viewing profile — capguy255

I would take that as at best an argument that originalism could be applied in edge cases where a law is ambiguous and hasn't been applied or tested before -- but that's a rare situ…

You seem to be trying to make my argument into a strawman, and throwing around words like "principle" and "politics" as though they are magic incantations that shut down debate. My…

How exactly does making historical, analogical arguments the center of judicial reasoning make the court LESS of a super-legislature? If nothing else, it makes the court MORE likel…

OP includes a link to a subset of reports of deaths from "non-natural causes" and then speculates based upon an absence of evidence. See also the below which describes a bunch of d…

I've used communication compliance for various things and in short - if a communication flags on a policy set up by an admin, it generates an alert that is reviewed by an analyst. …

Having used the comm compliance tool in m365 and other similar tech - a lot of the comments here seem to miss the point. "Leaver" IT policies are fairly common security practices t…

Then maybe don't invest in such funds or follow the index if you don't like it? There are tens of thousands of other investments to take your money to if you think it's a bad idea,…

The unintended consequences of this seem off the charts. It's not clear what type of moderation is acceptable under the law. The law was designed to target big sites, but very litt…

This idea sounds great, until you come up against the realities of organizations that also demand "agile" methodology. Projects are typically organized with cross-functional teams …

This stuff has happened before. It will happen again. I assume that you must believe that the violation of the nine person sacred debate club is far worse than any of the substanti…

Roe v. Wade was an interpretation of the Constitution. You might not think it's the correct interpretation, but the decision itself is, in fact, an interpretation of the Constituti…

This is the same court that is very likely to find a "human right" to conceal a firearm, despite that premise being contrary to international norms and also contrary to legal histo…

Factually inaccurate. Your statement could be said about the political branches as well, given that direct elections didn't exist when the Constitution was originally drafted the C…

Hand-wringing about "process" is a POLITICAL argument designed to deflect attention from substance. It's an argument that politicians make to change the topic and not an appropriat…

You think it's a good thing that the judiciary is an ivory tower with absolutely no regard for public perception? These nine people are unelected and appointed to their positions f…

Recently moved to NYC from another city on the east coast. It is expensive to live here, but month over month rent is not excessively expensive depending on where you live. The mor…

> Pardon my sarcasm, but Freedom of Speech is fundamentally tied to the right to be (reasonably) heard At least in small-l Enlightment liberalism, there is no such "right to be hea…

First, speech is not wholly "centralized" on private platforms. The purpose of platforms is to provide a centralized service for content, but platforms don't have the power to elim…

You seem to operate under the presumption that content and culture generally can only be created on major platforms. Nothing stops creators from finding other spaces to post their …

"if you're big and controversial, you essentially need DDoS protection, meaning you're dependent on the goodwill of a few big corporations." How is this any different than in the a…

I like this trend of cancel-"cancel culture" activists attempting to compel speech and showing their hand that this was never really about "free speech."

I'd argue that this is precisely an example of agile methodology. Document review isn't performed by high cost lawyers - it's performed by contractor lawyers who cost a fraction of…

These lawyers aren't full time employees who would be on the partner track. "Contract attorneys" are hired on a temporary, project by project basis to perform document review for d…