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Culture War Roundup for the week of December 19, 2022

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Dude, I made a very simple point: You said: "far less direct entanglement has been treated as a violation of rights as a government actor in other environments," and I simply pointed out that the case you cited for that argument is actually authority for a different theory of state action, i.e., public function, not entanglement. I even included a link to the CRS report, which discusses the correct theory. You are the one who wants to go on and on about the nature of the state action doctrine, etc, etc, etc.

And why would I possibly want to have that conversation with you, when you make statements like "can we notice that I'm pointing to the differing results for the broader state actor doctrine, despite worse behavior," when whether something is "worse" is not a relevant analytical category? That is the type of argument that laymen or dilettantes make about legal issues. Why would I want to waste my time having a discussion with someone like that?

And why would I possibly want to have that conversation with you, when you make statements like "can we notice that I'm pointing to the differing results for the broader state actor doctrine, despite worse behavior," when whether something is "worse" is not a relevant analytical category? That is the type of argument that laymen or dilettantes make about legal issues. Why would I want to waste my time having a discussion with someone like that?

You're having this discussion instead? So I guess there's a values-signals question.

More broadly, though, because the law can not be the source of ethics, nor can explaining it at sufficient length but without a strong and consistent foundation change anyone's minds regarding just action. "Worse" may be the domain of dilettantes on legal issues (and, I'll admit, under-specified and vague for ethical or norms-based ones), but ignoring problems like it doesn't just elevate everyone else to an ivory tower of endless continuing legal education; it undermines trust in an important institution.

Yes, the question of whether what the FBI / Twitter did was normatively wrong is a different question than whether it was legal. Duh. But your original statement that I commented on was about the legality of their actions, not about the ethics of their actions. And your claim that your are "pointing to the differing results for the broader state actor doctrine, despite worse behavior here" was a claim about the law, not about ethics; it was a claim that whether state action exists hinges on the "wrongness" of the action. That is a claim about a legal question -- i.e, what factors are relevant to the determination of whether state action exists.