X Corp vs. Center for Countering Digital Hate, Order Granting Motion to Dismiss [pdf]
storage.courtlistener.com
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Breyer does not mince words!
In the US courts allow argument in the alternative, but frown upon those who wish to both possess and ingest their cakes.
pp16-17:
> It is apparent to the Court that X Corp. wishes to have it both ways — to be spared the burdens of pleading a defamation claim, while bemoaning the harm to its reputation, and seeking punishing damages based on reputational harm.
"I'm a free speech absolutist"
This means not allowing things like direct calls to immediate violence, child pornography, fraud, blackmail, and libel.
Him wanting restrictions on the above things does not make him a hypocrite, it makes him reasonable. Take his words seriously, not literally. Let's move past the "gotchas" please.
> Other times, a complaint is so unabashedly and vociferously about one thing that there can be no mistaking that purpose. This case represents the latter circumstance. This case is about punishing the Defendants for their speech.
Yes, he tends to claim that.
In this case, however, he was found by a court to be abusing the legal system for the specific purpose of using the government to suppress speech that is legal in the United States, and sanctioned for that abuse.