> there is no way to verify the degree of "good faith genuinity", so we cant use that parameter in aspect of legal actions.
of course there is…
one of the reasons people justifiably bring up spam in these “my free speech” cases is because it shows definitively that the “free speech absolutists” don’t actually care about free speech—if they truly believed all speech is as valuable as all other speech then spam would have the same weight of priority as non-spam speech for them, yet they have no problem silencing spam.
off the top of my head, we would consider their guard rails against spam and have they implemented those same guard rails against the things they’re being charged for? if not, then obviously they’re not making real attempts.
of course there are multiple ways to determine whether they’ve made meaningful attempts. i think this is all moot though, if my understanding is correct, he’s resisted doing anything at all which is why he’s been charged.
as i said in a different post though, it’s still muddy on the specifics, we’ll know more later—we’re just wildly guessing at this point.
