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Confronting Twitter legal professional Sam Waxman, Justices Sonia Sotomayor and Elena Kagan tag-teamed a collection of questions on what sort of help to terrorists might make a social media web site liable below the anti-terrorism legislation — with Kagan expressing frustration {that a} considerably off-point Waxman wasn’t responding to their inquiry.
Sotomayor requested whether or not there was a distinction between a defendant offering a terrorist a gun versus offering cash — an “oblique,” “fungible” type of help. Different court docket rulings have stated defendants are chargeable for offering monetary help, she famous.
Beneath her and Kagan’s observe up questioning, Waxman tried to argue there was a distinction between a defendant taking an motion that assisted a terrorist versus their inaction serving to a terrorist. He stated, on this case, the plaintiffs have been arguing Twitter was not doing sufficient to police terrorist conduct on its platform.
Kagan redirected Waxman to reply the justices’ query moderately than concentrate on how the criticism was framed, telling him that she was “going to rewrite their criticism for them.”
The liberal justices’ line of questioning got here after Waxman appeared to battle to handle a hypothetical situation posed by Justice Clarence Thomas. Thomas requested how the legislation would deal with him if he supplied a gun to a good friend who went on to commit a criminal offense.
Waxman replied there weren’t sufficient details within the hypothetical to handle Thomas’ question. Sotomayor then stepped in and appeared to throw Waxman a lifeline, directing him again to Twitter’s temporary and general argument — specializing in the declare {that a} defendant will need to have data that the help he provides to a 3rd occasion will result in a selected terrorist act as a way to face legal responsibility below the Anti-Terrorism Act.
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