30% jokes, 30% attempts at academic discussions, 40% spewing my opinions uninvited to find out what might be missing from my perspective.

I’ll usually reiterate this in my posts, but I never give legal advice online. I can describe how the law generally tends to be, analyze a public case from an academic perspective, and explain how courts normally treat an issue. But hell no am I even going to try to apply the law to your specific situation.

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Cake day: June 12th, 2023

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  • I’m against forced birth, but have to point out that there is the argument, whether realistic or not, that the parent can always give the baby to the foster care system once it’s born, so their obligation would be limited to 9 months total.

    Personally what I take issue with is the inconsistency of forced-birth laws in the absence of comparable forced-labor laws. In a world of ideal policy, maybe we as a society might agree that a person should be obligated to sacrifice their time and health for the sake of preserving or creating human life. But then it shouldn’t be applied only to adult women who had consensual sex. Why shouldn’t non-pregnant people be forced to tend a farm for 9 months to produce food for those who are starving, or to spend 9 months working 80-hour weeks at an emergency call center with no pay?

    I suspect the answer is that the rights themselves are not the issue here, but rather the motivation to punish women who have consensual sex.


  • In the academic sense of the term, negative rights include the right to not have things done to you (e.g., to not be deprived of life, liberty, or property without due process of law).

    Positive rights include the right for you to do something, generally as against others (e.g., the right to have food, healthcare, or education be provided to you by other people).

    I’m not sure it is useful to try to categorize abortion rights, for similar reasons why it would be difficult to categorize the right to try and grab the only parachute on a crashing plane. Even if it causes injury or death to others, our general tendency is to treat positive acts of genuine self-preservation as a negative right, if only in the sense that we would never enforce a rule that prohibits the person from trying.

    A funky brain teaser on the topic might be whose right of life prevails when a perfectly healthy person turns out to be the only match for 5 patients with failing organs, one needing a new heart, another needing a new intact liver, etc., who are each about to die if we don’t kill the healthy person and harvest their organs for transplant. And would the answer change if this wouldn’t kill the healthy person, but severely decrease their quality of life - such as involuntarily taking one of their lungs and one of their kidneys?


  • I hate to talk like a law student but that’s sort of the system we already have. When a person certifies that they have read a contract (such as terms and conditions), it does actually mean something. No one would want to do business if anyone could be released from a contract just because they were lying about whether they agreed to be bound by it.

    You might be able to think of it like the safety presentation that happens before takeoff on every commercial flight in the US. If you look around at that time, very few people are ever paying attention to the video or flight attendant. Why is that, if everyone is supposed to be concerned about their own safety? Maybe they think this presentation will be the same as all the others, so they can safely ignore it. Does that make it the airline’s fault if a person doesn’t know where the emergency exits are when something does happen? No, the typical intuition - and a relatively necessary assumption on the airline’s part - is that each person is responsible for knowing the information given to them in that presentation.

    Similarly, it does not necessarily change much if a person has to check off multiple boxes instead of just one, or if they have to wait a few minutes before they can sign off, etc. People will tune out whatever they want to tune out, but we can’t have a workable system if that’s what absolves them of responsibility.

    --That being said, US contract law does take this to some extremes that should be carved out as unacceptable exceptions to the rule. The case of Carnival Cruise Lines, Inc. v. Shute comes to mind where passengers were bound by terms printed on the back of a cruise ticket that they only received after they already paid for it.



  • First of all, nice bait, looks delicious, think I’ll chow down.

    I think this because I’ve spent over a decade of my life trying to understand where people come from and getting nowhere with helping them.

    This mindset sounds closer to the problem than to the solution. Do you truly believe that the best way to interact with an extremist is to blindly judge them, then assume that they will question their entire worldview because one person, who has made no good faith effort to understand them, decides to call them names?

    Many extremists, though perhaps not most, feel the way they do because they honestly believe they are doing the right thing. They listen to the lived experiences of people they trust and discount the words of people they do not. The blind judgment of others only ‘proves’ to them that it’s all one big conspiracy, everyone else are sheep, and that they are the only ones who can think for themselves.


  • 🎶 oh, I can so just sit here and cry 🎶

    but fr what worked well for me was blocking, deleting, getting rid of (or stuffing into a rarely used closet) anything that reminded me of them, then distracting myself 24/7 long enough to later process my emotions with a little bit of distance from the event itself - not to block out the feelings but to just avoid ruminating on them.

    Mostly the point was buying time to provide my monkey brain with hard proof that I can survive without that person, that way it stops shooting me up with the Bad Chemicals every time I think of them.






  • Yeah I was scratching my head at this one. Cop had better have a really good reason here because otherwise, have fun getting Section 1983’d. I am not sure qualified immunity would apply against the right to peacefully assemble, unless either there was reasonably a threat of danger, or some legal authority made the assembly or its actions illegal (e.g. no one allowed on school campuses after 9pm, a citywide noise ordinance on weekdays, etc).

    • am not a licensed lawyer and this is neither advice nor guaranteed correct analysis… just in case.

  • Advice against phishing emails can be reduced to, “1: Never click on a link, call a phone number, download an attachment, or follow instructions you found in an email unless you were already expecting this exact email from this exact sender. 2: If you really want to do those things, search up the organization’s website directly and use the contact info they provide there instead.”

    imo it’s the ad-hungry articles stretching everything into 10+ pages that’s making advice so inaccessible to people. Super annoying because it dilutes the real, simple message that’s already there, it’s just locked behind an adwall.


  • I would really really recommend not underestimating the importance of medical treatment. It took me 4 tries to find the right medication (turns out an NDRI, not an SSRI, did the trick) to discover that actually, “normal” people are basically happy by default?? Like instead of it being this elusive reward that I had to work hard for, it’s like I can consciously hold on to my positive emotions and let go of the negative ones. Also, basic tasks that were endless nightmares before (laundry, cooking, phone calls) are now stress-free and even kind of satisfying?

    I had the right tools before, like supportive friends, enough education about radical acceptance and coping skills, and a physically healthy routine, but it didn’t seem to help. And that makes sense now because it turns out, it barely matters how much happy chemicals your brain makes if it’s going to immediately throw them away. Not trying to tell you what to do (am neither a doctor nor a therapist) but I’m wondering if that’s what’s going on with you too.






  • catreadingabook@kbin.socialtoMemes@lemmy.mlToxic
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    10 months ago

    As with most social media, I think the voting system makes it worse. There is always an element of “playing to the audience,” in that the easiest way to get validation (votes, boosts, replies) is to make sure everyone thinks you’re morally or intellectually superior over the person you’re talking to, whereas an actual normal conversation would be focused on the exchange of new ideas and perspectives.

    Stronger moderation could help, and filtering the less civil communities could help, but I suspect it’s just a natural consequence of having a built-in validation system that applies to every post and comment everywhere. As engagement in the fediverse grows overall, I could see it getting worse mainly because of more ‘vote-seeking’ behavior.


  • Completely speculating btw:

    Separate complaints are generally addressed separately, even within the same suit. It’s unlikely one could have “tanked” the other.

    I briefly looked over the original federal complaint vs desantis and the original state law countersuit vs the oversight district. The complaints in the other suit do point to different laws.

    Since we all know these cases are going to get appealed no matter what, it’s entirely possible Disney could be trying to entice the Supreme Court into taking on the federal case down the line by whittling it down to just one issue (free speech).

    Single issue cases revolving around constitutional arguments are like crack to the Supreme Court, they love to take these so that they can announce new rules or reasoning before applying it to the case, which they get to do when “”“interpreting”“” the Constitution.

    Disney might suspect that the current Justices are drooling at the possibility of ruling expansively in favor of free speech.