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Free speech is not absolute.

A U.S. judge on Friday dismissed former President Donald Trump's lawsuit against Twitter Inc that challenged his suspension from the platform. In a written ruling, U.S. District Judge James Donato in San Francisco rejected Trump's argument that Twitter violated his right to freedom of speech guaranteed by the First Amendment of the U.S. Constitution.
The great part about it when it becomes public then he can do whatever he wants. Allow free speech or censor the left like they have been doing the right. Either way it is making the left roll and get ready I am sure they are gathering bricks to riot about it soon.
 
Is that even something a pension fund can do?



....I'm trying to figure out what benefit spending $ on a lawsuit for publicity gains a pension fund?

Yes, they can own derivatives (shorts, puts, etc.) as long as the bylaws of the pension allow for such. Bylaws are different for each pension fund.

More ironically, some don't even know they are doing it, LoL:

I'm told just like hedge funds, pensions make a LOT of their money through derivatives now a days, much more so than owning the underlying stock.
 
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My memory is that EM has never testified before Congress. Not so for Jack Dorsey.

Twitter seems to to be a potential litigation magnet IMO particularly with new and deeper pockets and open algorithm work product to dissect. Lots of testimony prep time may need to be accommodated.

It is great fun working under a subpoena where all work product including office trash must be retained. I have been there and it is not fun.
Not True. Musk vs Gass (ULA CEO) 😆
 
Apparently this is a Delaware law.

Florida pension fund sues Elon Musk and Twitter to stop buyout

In a proposed class-action lawsuit filed in Delaware chancery court, the Orlando police pension fund said Delaware law forbade a quick merger because Musk had agreements with other big Twitter shareholders, including his financial adviser Morgan Stanley and Twitter founder Jack Dorsey, to support the buyout. Related article Elon Musk secures $7bn in outside funding for Twitter takeover Read more The fund said those agreements made Musk, who owns 9.2% of Twitter, the effective “owner” of more than 15% of the company’s shares. It said that required delaying the merger by three years unless two-thirds of shares not “owned” by him granted approval.

Read the article, but it's FAR more nuanced than this. They are trying to make the argument that, essentially, because Musk has spoken with all these people and they like his plan, that he "owns" or has "controlling interest" in more than 15% of the company. It's a stretch because the easy counterargument to this is that his position is a very logical one, and he is just an activist investor trying to push forward an agenda that betters the company.

In the end, it all comes down to if the court agrees that an "agreement" by Delaware state law in this case reaches the level of proxy voting power (i.e. was Musk given essentially voting power by these groups/individuals). This is going to be a HARD SELL to a judge/jury. Unlike most civil lawsuit, corporate law is usually very narrowly interpreted, because these laws are so well-defined.

Legal experts are already weighing in, and don't think the Fund's chances are good:

The statute cited by the Florida fund was passed by Delaware lawmakers in the 1980s to help address a boom in takeovers and to protect shareholders’ rights to vote, but it won’t pose much of a barrier for Musk, said Charles Elson, the former director of the Weinberg Center for Corporate Governance at the University of Delaware.

“Its an extremely high wall to show someone was an interested shareholder, and few have surmounted it over the years,” Elson said.
 
Yes, they can own derivatives (shorts, puts, etc.) as long as the bylaws of the pension allow for such. Bylaws are different for each pension fund.

More ironically, some don't even know they are doing it, LoL:

I'm told just like hedge funds, pensions make a LOT of their money through derivatives now a days, much more so than owning the underlying stock.


The article in the link is that the pension funds often engage a 3rd party manager, and that manager might hold short positions.

In which case the idea the pension fund sued to help out a short position someone else opened and they didn't even know they had does not stand up very well.
 
FYI - most pension funds use 3rd party managers.


Ok.

Still doesn't answer how a fund, unaware their 3rd party manager has a short, decides to file a lawsuit to benefit a short they didn't initiate and are unware of.

Also waiting for the explanation around the claim they "did it for publicity"

How does a pension fund benefit from publicity? It's not like they're recruiting new customers or investors this way.
 
Ok.

Still doesn't answer how a fund, unaware their 3rd party manager has a short, decides to file a lawsuit to benefit a short they didn't initiate and are unware of.

Also waiting for the explanation around the claim they "did it for publicity"

How does a pension fund benefit from publicity? It's not like they're recruiting new customers or investors this way.

First - the 3rd party manager was one of two examples of how these can work. Doesn't matter.

Second - the "publicity" part is a bit of a conspiracy theory - notice the date that they want the merger pushed back to? 2025. Conveniently after not just the mid-terms, but the next presidential election. So, they benefit because someone politically affiliated is using them as a front to push that lawsuit, since this group can't do it directly themselves (they aren't TWTR shareholders). Do I ascribe to that tinfoil-hat theory? Not really, it's more than a stretch, but if you go look at bulletin boards / forums / social media sites besides this one, that is one of the prevailing theories being pushed. The right wingers seem to think that this is something that the far left would do, because the far left is in fear of an "equal voice" by the right. There is some circumspect evidence that the far left really doesn't like Elon's recent moves. I'm not personally addressing that conspiracy theory, it's a bag of grenades for this forum, but that's what's being said.
 
You seem to have a mistaken idea that only people on the right have been removed from the platform. This is false.
And you seem to be ok with an elected president of the free world being censored and not allowed on it but a terrorist organization and a communist dictator among others is cool. I actually think that is a disgrace and disgusting .
 
And you seem to be ok with an elected president of the free world being censored and not allowed on it but a terrorist organization and a communist dictator among others is cool. I actually think that is a disgrace and disgusting .
This illustrates the problem with "free speech absolutism".
One person's "free speech" is another's "censorship"
Elon has bought himself an endless source of conflict... a big time sink.
He (naively) thinks that he can solve this with AI and "transparent" algorithms. Get the popcorn out!
Might be better to just stick to "moving the world to sustainable energy" which is something he is doing well and understands.
 
And you seem to be ok with an elected president of the free world being censored and not allowed on it but a terrorist organization and a communist dictator among others is cool. I actually think that is a disgrace and disgusting .


None of those has any "right" to use someone elses platform to speak though.

They have every right to refuse service to virtually anyone they wish in line with their terms of service.

Same as any store can kick you out for not wearing a shirt or shoes.


People keep confusing "I have a right to say things" with "Everyone else has an obligation to let me use their platform to say it"



(and that's beyond the fact even your basic right to say things is not unlimited even in the US, and never has been- see the debate around the Sedition act from the 1790s for a lot more on this)
 
None of those has any "right" to use someone elses platform to speak though.

They have every right to refuse service to virtually anyone they wish in line with their terms of service.

Same as any store can kick you out for not wearing a shirt or shoes.


People keep confusing "I have a right to say things" with "Everyone else has an obligation to let me use their platform to say it"



(and that's beyond the fact even your basic right to say things is not unlimited even in the US, and never has been- see the debate around the Sedition act from the 1790s for a lot more on this)
Never said that once that they couldn't. So let's get back to the question. You are ok with them kicking off an elected President but it is ok with them leaving on terrorists and communist leaders?
 
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Read the article, but it's FAR more nuanced than this. They are trying to make the argument that, essentially, because Musk has spoken with all these people and they like his plan, that he "owns" or has "controlling interest" in more than 15% of the company. It's a stretch because the easy counterargument to this is that his position is a very logical one, and he is just an activist investor trying to push forward an agenda that betters the company.

In the end, it all comes down to if the court agrees that an "agreement" by Delaware state law in this case reaches the level of proxy voting power (i.e. was Musk given essentially voting power by these groups/individuals). This is going to be a HARD SELL to a judge/jury. Unlike most civil lawsuit, corporate law is usually very narrowly interpreted, because these laws are so well-defined.

Legal experts are already weighing in, and don't think the Fund's chances are good:
Typical shake down suit. Want to fight it and drag out the close of the deal, have at it. (Or just pay the plaintiff's lawyers some bucks to go away.)
 
Never said that once that they couldn't. So let's get back to the question. You are ok with them kicking off an elected President but it is ok with them leaving on terrorists and communist leaders?
Is that really the question? Surely we can all agree that a platform that provides a service can deny service to anybody who doesn't follow their rules. Seems obvious. Do you think some people should not have to follow the rules because they're too special?

It's also obvious that I think that terrorists, dictators, pedophiles, and various scum of the earth should be allowed to stay if they do follow the rules. If I were in charge, I'd even let people like you stay. But only so long as you follow the rules.
 
Is that really the question? Surely we can all agree that a platform that provides a service can deny service to anybody who doesn't follow their rules. Seems obvious. Do you think some people should not have to follow the rules because they're too special?

It's also obvious that I think that terrorists, dictators, pedophiles, and various scum of the earth should be allowed to stay if they do follow the rules. If I were in charge, I'd even let people like you stay. But only so long as you follow the rules.
Wow sad for you and to actually call you a fellow countrymen.
 
Is that really the question? Surely we can all agree that a platform that provides a service can deny service to anybody who doesn't follow their rules. Seems obvious. Do you think some people should not have to follow the rules because they're too special?

It's also obvious that I think that terrorists, dictators, pedophiles, and various scum of the earth should be allowed to stay if they do follow the rules. If I were in charge, I'd even let people like you stay. But only so long as you follow the rules.

I'm pretty sure the argument is that the rules are not applied evenly/fairly. Someone I'm sure will correct me if I'm wrong, but I'm pretty sure that's the argument - that Twitter hasn't evenly applied "their rules".
 
Is that really the question? Surely we can all agree that a platform that provides a service can deny service to anybody who doesn't follow their rules. Seems obvious. Do you think some people should not have to follow the rules because they're too special?

It's also obvious that I think that terrorists, dictators, pedophiles, and various scum of the earth should be allowed to stay if they do follow the rules. If I were in charge, I'd even let people like you stay. But only so long as you follow the rules.
You do realize that the current Twitter doesn’t let people that follow the rules stay right? The fact that they pick and choose based on political ideology despite the rules is the issue. Forget everything else.
 
You do realize that the current Twitter doesn’t let people that follow the rules stay right? The fact that they pick and choose based on political ideology despite the rules is the issue. Forget everything else.


This is not true of course- Twitter has banned tons of folks on BOTH sides of politics.

A few years ago they banned dozens and dozens of left-wing "leaders" in the Occupy movement for example.


Though even if it were, why is that an issue?

They're a business. They reserve the right to refuse service to anybody they choose.

If you disagree with those choices, take your business elsewhere.
 
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