[1] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...
[1] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...
With ai and surveillance / mass-manipulation tech, it will be extremely hard to come back from authoritarianism soon.
It's honestly terrifying how fast the media whipped up the craziness a year or two ago. It makes me wonder how much harder they shilled to shame people into the military during wartime. I remember reading Céline's Journey to the End of the Night and getting disgusted at how the state and media managed to screw that many people into literal suicide. It reminded me of how the Aztecs normalized human sacrifice to the point where people actually wanted to be sacrificed. There's something inherently violent about mass society
The next time the people around me suddenly start insisting on the same idea and foaming at the mouth, I'm dropping everything and moving somewhere where mass psychosis isn't the norm
The only thing keeping our society from totalitarianism is a benevolent media that's decided it isn't time yet. If they fire on all cylinders again and for a long enough period it's entirely possible
Exactly. If it wasn't for those cop shows, the government would be more critical of them. Media and pop culture seems to be the driver for any societal change. Even for Covid vaccine obligation the idea came from the media first (i'm not antivax or anything, i am also pro vaccinal obligation for public schools to be clear, i'm not even against mRNA vaccine, it is just that i understand that people can be shy to test brand new vaccines).
I am forever wary of any mass media privately owned.
Not only this, but the sort of sadistic, authoritarian tendency that this brings out in people. I can only imagine how much more extreme this is when a country is trying to send people off to war.
I don't think the problem is private ownership, I think it's herd mentality. For some reason whenever people get into groups they get way more aggressive. I remember reading Freud's little book on group dynamics and minus the Oedipal BS it rings entirely true to how people are
Just look at past historical examples, e.g. the Salem witch trials, slavery, the Holocaust, any genocide period. If people are capable of doing this, who's to say they won't do it again? We're just supposed to assume that today's society has moved passed all of this and give the status quo the benefit of the doubt? I'd rather not
The toothpaste is out of the bottle for the media, unfortunately, and I'm not sure it's going back in.
Similarly see Alex Jones, I disagree entirely with his politics and virtually everything he's ever said, but ultimately he was just fined approximately $1 billion USD for no more than speaking. Honestly seeing that happen to a private entity is more concerning than it happening to a demographic that already requires government approval to legally operate (medical professional, in this case).
Instead he didn't participate in the lawsuit and the other party that did is assumed to be correct.
> [1] In both the Texas and Connecticut lawsuits, judges found the company liable for damages by default after Jones failed to cooperate with court rules on sharing evidence, including failing to turn over records that might have showed whether Infowars had profited from knowingly spreading misinformation about mass killings.
> Because he was already found liable, Jones was barred from mentioning free speech rights and other topics during his testimony.
[1]: https://apnews.com/article/shootings-school-connecticut-cons...
The basis of the lawsuit was "This man said things that made me upset". And yeah, they were rightfully upset, but it's something that I think any court in a country that values freedom would throw out in a heart beat.
The lawsuit literally claims they (Alex Jones) encouraged the harassment.
[1]: https://infowarslawsuit.com/wp-content/uploads/2018/10/2018-...
Why did Jones take this approach? I see four possibilities, and they're all bad.
1. He didn't think the rules applied to him.
2. He thought the court system was corrupt enough that he couldn't get a fair trial.
3. He knew he was likely to lose on the facts anyway.
4. He thought that the publicity of "not cooperating with the system" (or whatever) would be more valuable than the cost of losing the case.
Whatever the reason, he did this to himself. He threw away his chance to refute the claims against him, and the result is that the claims against him are regarded as true.
Don't treat the courts as a show. They're not. There are real consequences for the kind of game Jones played.
Sounds like he won. I can entertain a thought that given he's not going to pay it anyway, he actually wanted the fine to be as high as possible.
> Whatever the reason, he did this to himself
I don't think folks are pitying Alex Jones here. If he exploited judicial system to gain more publicity, this undermines the system. If judge/jury got emotional and gave him a "fuck you" fine, we shouldn't celebrate it, even if the guy is a total asshole.
> Don't treat the courts as a show. They're not. There are real consequences
It's not a show, and yet he got one. I'm not so sure about "real" consequences. Most folks seem to think that there isn't a difference between $500M and $1B fine.
Using a media empire to sustain a campaign of harassment against innocent people is not the same thing as e.g. broadcasting lies about the safety of vaccines.
> speaking your incorrect opinion should not make you liable for the actions
It should when the target of your "incorrect opinion" is a private citizen being attacked because of your misinformation. Your flippant dismissal as "a few deranged individuals" does not match up with reality.
I have yet to see what tangible damages Alex Jones caused the parents of the Sandy Hook incident. Emotional damages to be sure, but I don't believe fining someone because they hurt another's feelings is a good precedent to set.
Other parents were compelled to hire full time security[2], which can't be cheap.
[1] https://www.timesofisrael.com/parents-of-jewish-sandy-hook-v...
[2] https://www.mediaite.com/news/alex-jones-false-claims-forced...
A lot of the legal documents can be found here [1] but I already know you aren't going to both yourself with the specifics of the case.
The short version is, if somebody sues you, you need to go through the legal motions otherwise you lose by default and then their side is considered factual when determining damages regardless of if it actually was. My personal opinion is that he knew he'd lose under Texas's defamation law and so decided the optics looked better not to fight.
For some reason, I had thought that there were certain lawsuits that wouldn't even be entertained by the court, regardless of whether the defendant chose to actually defend themselves. If that is the case, I think this should have been one of those. If that's not the case, I still don't see how a fine of $1b, or even $100k, could ever be considered reasonable in this situation.
On the defamation part, someone else responded similar so I'll copy and paste my response here:
> I'm not a lawyer so I could be wrong, but aren't those cases only held up and prosecuted when the victim(s) suffered real financial damages? E.g. lost their job, company went under, etc. I have yet to see what tangible damages Alex Jones caused the parents of the Sandy Hook incident. Emotional damages to be sure, but I don't believe fining someone because they hurt another's feelings is a good precedent to set.
Then expect people to drip-feed them basic legal education.
I guess doing some basic research on libel, defamation, punitive damages, and IDK.., the case at hand?, isn't contentious enough. Hard to get into an argument with Wikipedia.
Parent was not claiming you need to be an expert on something to talk about it. parent is claiming you should do at least a bare minimum of research (i.e. read the lawsuit) before making claims about what the lawsuit contains.
You also initially made the claim "[Alex Jones] was just fined approximately $1 billion USD for no more than speaking" which is also (as far as the courts are now concerned) demonstrably false. He was fined $1 billion for encouraging and paying for the harassment of multiple individuals in addition to speaking and other offenses assumed to be true as he did not defend himself through the courts. I mean what information lead you to make this point? This is the problem that the Parent is talking about, any sort of cursory reading of the case would show you why Alex Jones is in trouble.
("Guilty" may be the wrong word, because it's not a criminal offense, but I'm not sure what the right one is here.)
Defamation is a crime in many jurisdictions, including the US (not federally, but in over 20 states). Prosecutions and convictions are rare-but not non-existent. At least in the US, punishments are light (Wikipedia cites a study saying that the average custodial sentence for criminal libel in the US is just under six months). In free countries, prosecutions are generally reserved for particularly egregious cases (e.g. suppose A does some trivial thing to offend B, so as payback B plasters posters all over town accusing A of sex crimes, with the allegation being completely invented). Given this, the vast majority of defamation cases are civil not criminal.
I'm encouraged in seeing the turnout of Alex Jones ordeal and am anxiously waiting to see how Dominion vs Fox News unfolds. I am hoping that the aftermath of all this is that journalists/people-pretending-to-be-journalists/anyone-with-a-sizable-platform will be more careful about their reporting and statements. Of course this is all a murky area because many times it's hard to decide what is true and even harder to decide who gets to do the deciding but for getting the obvious things wrong and when signs of bad faith are clearly there the hammer should get dropped more often, I think such an environment would reduce chaos and extremism that we are seeing more and more of.
Regardless of how justified this feels, I nevertheless worry that using the civil court system in this manner sets a dangerous precedent.
Firstly, because this is a civil matter and not a criminal one, there is no protection against double jeopardy. He can keep getting sued over and over for the same thing. Indeed, it really looks like these parents/their attorneys are out to destroy Alex Jones through lawsuit after lawsuit.
Second, fining someone a billion dollars is just ludicrous. Yes, I know he is not worth that much and will ultimately end up paying far less. But the mere idea that such a large fine was issued undermines confidence that the restitution is in any way reasonable. Not just because the number is so detached from reality, but because such sums look like the financial equivalent of the death penalty.
I am very worried about how civil suits can be used to go after people. To me at least, there need to be additional protections along the lines of what we have in the Eighth Amendment. What I’m seeing with these Sandy Hook cases feels like cruel and unusual punishment. Also keep in mind that you do not have a right to an attorney in suits like these and you have to pay out of pocket.
It is not unreasonable to think lawfare like this will be used against other people in the future.
Not by the same people, though. If he damaged ten people, he might owe damages to each of those ten people. That doesn't sound like a problem to me.
> Second, fining someone a billion dollars is just ludicrous.
It seems like your argument is that the sum is simply too large, and that the specifics of the case are irrelevant.
This seems dangerous to me. If someone does actually cause that amount of damage, why should they not be civilly liable? Surely it depends on the specifics of the case to determine if they did cause that much damage or not?
Otherwise, does everyone just get to cause as much damage as they like but have a cap on what they are held responsible for? That doesn't seem right to me. If someone wants to get involved in a course of conduct which can cause terrible damages to others, then they should also be responsible for that.
I'd love to see an itemized bill demonstrating that. If he actually did cause that much real damage, sure, it would be fair. But I can't possibly conceive how he would have caused even $100k in real damages, much less a billion. It's equally, if not more dangerous, to fine people ludicrously large, arbitrary amounts of money because they spoke something that went against public opinion.
I do not see why a real free speech advocate would protect he "right to harass/defame others for profit".
Juries can award w/e they want but the judge still has discretion in reducing the damages (ex. one of McDonalds hot coffee incidents [1]).
Not a foreman, but I believe juries don't get instructed as to what the maximum amount they can legally award is and so the judge to then reduce it. (ex. Depp vs Heard [2])
[1]: https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restau... [2]: https://en.wikipedia.org/wiki/Depp_v._Heard
Wanting to reform an aspect of the jury system does not invalidate it as a whole.
Because there were 14 individual people, with each getting an individual settlement amount, it added up quickly.
The alternative is that the fine is just "cost of doing business". Rich people park any old place, any old time, and just pay their parking fines. OK for city government revenue, but bad for public safety, and worse for fairness and civic life.
I urge you to read up on Alex's conduct before, during, and after the trial(s). He spent most of his time mocking the process, attacking the judge, and continuing to defame the parents while failing to comply with basic discovery in a timely way. He also hired incompetent legal representation[1] - probably because they shared his worldview.
I think if Alex had taken the lawsuit seriously and treated it with the gravitas most people would assign to a lawsuit like this, the judgement would be nowhere near $1B. He's his own worst enemy on this one.
[1] https://www.nbcnews.com/news/us-news/alex-jones-lawyers-acci...
If the defendant fucks around instead of actually mounting a defence, of course the result is going to be a massive win for the plaintiffs. Do you expect the judge to step in and represent the interests of the defendant when the defendant seems uninterested in doing so himself? Alex had the money, connections, and profile to get a very good legal defence. He chose not to. I'm not really sure what you want the courts to do here.
What do you think it would have been?
I don't mind the "asshole tax" in courts, but I feel like it should be limited. The guy is an idiot, but all the more reason to judge him fairly.
$1B fine looks like a political decision (especially to his audience), and will probably give even more power to him.
> I urge you to read up on Alex's conduct before, during, and after the trial(s).
Solid point. Fairness and objective inquiries into damages be damned, if you don't kiss the ring, you deserve the worst.
"Hacker" News endorsing outrageous punishments for not bending over far enough. I, too, recall the portion of the Hacker Manifesto, which read:
We are loyal subjects of the system, and we shall abide by
every rule of decorum which the King hath proclaimed. God
praise our rulers, who are wiser than all of us!
I believe it was RMS himself who said: We seek neither freedom, nor fairness. If someone wearing
black robes decrees something, you must bow down and
kiss their feet. It is thus written by St. Ignucious. Amen.
And from the notes of the MIT Tech Model Railroad Club: Irreverence for Institute Authorities shall not be permitted.
They are our betters, and we shall exclude anyone whosoever
shall trespass against their Virtuous Rules.
"Hacker" News is truly a blessed community. Thank you for the reminder that real "Hackers" are those who lick the boots of those who rule us, and that insufficiently enthusiastic licking is adequate justification for being destroyed.Hack The Planet*!
[*: Provided the hacking is done in accordance with the dictates of our betters.]
I'm not saying that emotional damage isn't very real and devastating, but it's certainly not something on which our courts should base their outcomes. It's too subjective, not provable, and very difficult to quantify.
You get a jury together and they decide. You (and Alex Jones) may not like it, but it's a well established system at this point.
I am not a lawyer, but I suspect if you asked one about your plan to go on YouTube and insult people, they'd advise against it. For one thing, YouTube might see it as a violation of their terms of service, and for another thing, you might be opening yourself up to litigation, which even if you won, could still be expensive.
As for your second point, it is indeed true that I don’t think Alex Jones caused a billion dollars worth of damage.
I simply cannot envision the specifics of this case warranting a billion dollars of restitution. If this was a case about an environmental disaster it wouldn’t be an unreasonable sum. So, I’m not advocating for a hard cap on damages for all civil suits. But something does seem wrong when a judge can arrive at such an outlandishly large sum for punitive damages in a case like this.
Edit: Alex Jones caused harm to the parents and their families, but even convicted murderers are not ordered to pay such large sums of restitution. And that’s direct incontrovertible harm.
If the damages were something like $10-20 million I wouldn’t be making these posts.
If it makes you feel any better, Purdue Pharma and the Sackler family was fined SIX TIMES more than Alex Jones. 800k people dead for $6B versus a dozen families' feelings hurt for $1B.
Our court system recognizes that the value of a human life is $7.5K, but the value of precious feelings is $83MM.
This seems pretty fair to me.
The good news is that punitive damages haven't been awarded yet. Hoping that the cost for hurt feelings rises north of $100M. Looking forward to suing everyone who said false statements about me in public. It's going to be an incredible payday, and I can parlay the winnings into running a drug operation and killing rural Americans with opioids and only pay a rounding error for everyone I murder.
Can't wait.
Edit: Apologies, HackerNews, are my numbers off? Am I factually incorrect? Are we seriously supporting the position that the Allies should have just hit Hitler with a $45B fine for the whole "Holocaust Thing" and called it even? I know addressing downvotes is frowned upon, but I'm genuinely curious why HN thinks feelings are worth eleven thousand times more than lives.
Edit 2: Understood. Feelings really are worth four orders of magnitude more than lives, on this forum. Got it.
My optimistic belief is the high judgement was due to those extra factors, but maybe a lawyer can correct me.
Of course I think the Sandy Hook shooting was real, but if someone said it wasn't I'd just think they're an idiot - not a criminal that should be tried in any court.
Perhaps the problem is that the fine accrues only to him and his production company; really there were a lot of people involved in spreading lies about Sandy Hook, and their production and distribution. Or that US lawsuits can produce spectacular punitive damages numbers on flimsy justification.
But winning libel suits is really unusual in the US! Here's Sarah Palin losing a lawsuit this year: https://www.bbc.co.uk/news/world-us-canada-60396231
https://pierrekory.substack.com/p/californias-misinformation...
For the record, I think non medical exemptions for mandatory vaccines are nonsense.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml...
> 270. (a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.
> (3) “Disseminate” means the conveyance of information from the licensee to a patient under the licensee’s care in the form of treatment or advice.
This only applies to a Doctor advising their patients. If you don't think professional conduct means accurately representing a course of treatment and it's risk I don't know what to say to you.
Sure, there could be a slippery slope to where disseminate doesn't mean only between a Licensee but that was always true.
Let that sink in.
My second point is that professionals should already accurately tell the truth to their patients.
Professionals should be sticking to positive statements [1] though. So saying something like, the covid vaccine will give you austim I think should be grounds for losing your license.
On the other hand, saying something like, there's a high change you'll have flu like symptoms if you get the vaccine would not be grounds (the symptoms are disclosed as part of the vaccine trials).
But saying something like, I would like to try X treatment that isn't typically done but I've done it a few times recently and had good results I think should also be fine.
The law makes the claim of "contemporary scientific consensus contrary to the standard of care" which I think is a very reasonable statement. In general, you want people to recommend treatments that historically have worked for a condition. And for experimental type situations all the Licensee needs to do is to make it clear that the treatment isn't backed up by existing studies.
One thing I have observed - a lot of what people call “scientific consensus” is not the consensus of the research literature, rather it is the “consensus” of position statements put out by professional bodies. The later often lack much of the tentative and provisional nature of the former, with doubts and uncertainties being hidden rather than highlighted. While even peer-reviewed research is not immune to political pressures, these kinds of “position statements” are much more susceptible to political influence than the actual research literature is.
What if, you know, accurately representing a course of treatment required contradicting CDC/FDA? Say, suppose you’re a medical researcher, doing science, and you find that CDC/FDA are completely wrong on some count (as they have been many, many times in the past). Are they supposed to just repeat CDC-blessed falsehoods that they know to be false? Do you want to institute an office of the arbiters of truth, such that it is legally forbidden to disagree with them?