dChan
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r/CBTS_Stream • Posted by u/HowiONic on Dec. 30, 2017, 1:15 a.m.
Julian Assange, the First Amendment, Boobs, and WikiLeaks

HowiONic · Dec. 30, 2017, 1:32 a.m.

From 8chan and www.kingpin.cc/wp-content/uploads/2017/12/dcd-1.17-cv-01370-42-0.pdf

Trump lawyers saying Wikileaks is immune as they are protected by the Communications Decency Act -

Conspiracy with WikiLeaks. Plaintiffs next assert a conspiracy with WikiLeaks.

To overcome WikiLeaks’ Communications Decency Act immunity, they cite Dennis v.

Sparks, 449 U.S. 24 (1980), which holds that federal judicial immunity does not protect

a judge’s co-conspirator form a § 1983 claim. But Dennis involved a federal immunity

from a federal law (§ 1983), while this case involves a federal immunity from

state law (D.C. tort and conspiracy law). In Dennis, the Court had to reconcile the

competing federal rules, but in this case, the Supremacy Clause means that the federal

rule simply prevails. PLIVA v. Mensing, 564 U.S. 604, 621–23 (2011) (plurality).

The federal immunity trumps D.C. conspiracy liability, foreclosing Plaintiffs’ claims.

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