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Culture War Roundup for the week of January 16, 2023

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Some people thought that my post was a pretextual excuse where I discuss the US legal system just as a vehicle to criticize Trump. The whole point of the post was to criticize Trump, so I wanted to make that clear to anyone who would read this. How else would you propose I address this concern?

How else would you propose I address this concern?

Don't use something deliberately provocative like "Content Warning". If the point of your post is to criticise Trump first, and the legal arcanities are second, then state that at the outset: "I want to criticise Trump from the standpoint of the lawsuits he takes".

You're perfectly free to say "Orange Man Bad" but why drag us through a history of "bills in equity" to get there? In fact, I think if you did do a post about the history of lawsuits, it would be more informative, more entertaining, and more acceptable as well as more in keeping with the spirit of this place.

Yes, the spirit of this place is about arguments and disputes, but don't be boring while you do it.

reposting, does this provide any insight as to why I included the history?

I do often wonder if I am overexplaining things. Because of my job, I don't think I am well calibrated on how much non-lawyers need/want something explained. I'm a nerd about minutiae like the history of civil procedure and personally find the subject interesting so when I started writing about a "bad" lawsuit, it seemed relevant to include some background on what makes a "good" lawsuit. The point, one which I probably should've been clearer about, is that we used to have this very formal and stodgy standards for how lawsuits are worded but that changed in favor of something less formal. The intent was to encourage people to speak more plainly, and I showcased the Dioguardi case to highlight how low the bar was. The risk with less formal standards is that people might ramble on, and so I thought it was relevant that courts want you to get to the point when you file a lawsuit.

All those things combined (less formality, preference for short and plain statements) showcase the challenge judges have with strictly policing the gratuitous parting shots lawyers/clients include in their lawsuits. So towards that end I highlighted Armstrong's example as a rare case of a lawsuit being dismissed for being too long, as a way to illustrate the limits of what judges are willing to put up with. The point was to set the stage for how Trump's 193-page lawsuit should be evaluated. I think if I just linked you a 200 page PDF and said "this is bad", few people would understand why.

I hadn't read the earlier version or the exchanges of opinion. So I came in to the "Does Trump sue just to fundraise?" version.

It seemed to be leading into an interesting wander through the history of American lawsuits and how that developed, but then that was set aside for "Orange Man Bad".

I don't think I'm a Trump partisan, but I don't much appreciate thinking you're offering me a slice of apple tart and then it turns out to be stewed prunes. I like stewed prunes, but if I'm all set up for apple tart, that doesn't please me.

It would have been better to dump the history of lawsuits if you were just going to go "Trump is a big poopy-head for suing Hillary". Then I could have skipped the entire thing.

Conversely, if you had left out the "Trump is a big poopy-head" stuff and told me about Italians and Lance Armstrong, I'd have read and enjoyed this and possibly upvoted.

As it is, the impression I have of this entire exchange is you sneering about "partisans" not appreciating your legal genius, and the people you're arguing with sniping back at you. I. Don't. Care.

The 'overexplanation' here was great, and I'd have enjoyed reading another eight paragraphs of it.

Same here. Leave out the Trump stuff, give us the legal "did you know?" No I didn't, tell me more!

Thank you, I appreciate that. I'm embarrassed to admit that those few paragraphs took literally hours to write, mostly because I kept getting distracted by research rabbit holes. If there's ever a topic you'd be interested to see me cover lmk

I saw the down thread squabbling and can registering nothing beyond a desire to recoup the precious minutes wasted in reading it. I will be brief for the sake of you and others. Your disagreement would be best resolved by not having happened, the second best solution is to have it be ignored or at least contained to the offending response thread. Editing your post in any way to make this disagreement more visible cannot possibly improve it. If you wish to make someone seem like an unhinged partisan for dismissing valid criticism this is practically the worst way to achieve your goal. You know, I know and everyone reading your post knows that this warning has no purpose other than to sneer.

You make a good point about visibility, and I edited the content warning to a more natural sounding open question. I put [edited] at the bottom. I would have edited more of a note but I'm already at 9991/10000 characters.

Significantly better, thank you.

Adding the other poster's name was gratuitous but I think the content warning was fine as it was. People are mad at you because they don't enjoy reading long posts criticizing Trump and they admit as much. The content warning gives them a chance to minimize it and move on, which is what they should do instead of getting mad and telling you to delete your post.

Partisans here know what they're getting into when they read long form analysis of Trump lawsuits. A content warning is as much of an insult to the reader's intellect as a warning that an aquarium may contain fish. @ymeskhout frequently makes posts of this type that I genuinely find valuable, especially with the aggressively neutral wording emblematic of a good lawyer that lets the facts and framing damn their opposition in a way low effort swipes simply irritate. It's frankly below them.

I don't think partisans do know what to expect.

My own biases are flattered by @ymeshkout's take, but if certain usernames were at the top, I'd go in assuming apologetics. Or at least "Here's why there's a problem Trump wants to combat."

For what it's worth, coming into the version that asks "just to fundraise?" I think it's pretty reasonable. That's a hypothesis, it's made clear from the start, and then the rest defends it. I read it as less stilted than a Content Warning and less of a bait-and-switch than just segueing partway through.

People are mad at you because they don't enjoy reading long posts criticizing Trump and they admit as much.

Some people did have thoughtful feedback downthread which I found persuasive and noted accordingly. For that reason, I'll hold out hope that people are not mad over something as petty and childish as what you're describing.