No. 22-532

Joachim Martillo v. Twitter, Inc., et al.

Lower Court: First Circuit
Docketed: 2022-12-09
Status: Denied
Type: Paid
Response Waived
Tags: 1996-interactive-computer-service common-carrier common-law-common-carrier constitutional-right-to-non-discriminatory-common- digital-property first-amendment first-amendment-right-to-refuse-message-common-car hosting-of-digital-personal-literary-property-as-s interactive-computer-service logical-fallacy-in-statute-interpretation public-forum social-media
Key Terms:
CriminalProcedure Patent Copyright JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Whether digital personal literary property, which
a Defendant carries in the form of a post, com
ment, or tweet, is "other property " according to
M.G.L. Chapter 159 § 1.

2. Whether a 2022 social medium platform is a com
mon law common carrier.

3. Whether the public has a Constitutional right,
a) which guarantees non-discriminatory com
mon carriage,
b) which was long-established at the time the
original thirteen colonial states ratified the
US Constitution, and
c) which is confirmed by US Constitution
Amendment DC.

4. Whether Amendment I gives a 2022 social me
dium platform, which is unequivocally a message
common carrier, a Constitutional right to refuse
message common carriage of digital personal liter
ary property from any member of the public to any
member of the public.

5. Whether "hosting " (bailment) of digital personal
literary property in a backend server constitutes
speech of a 2022 social medium platform.

6. Whether it is allowable for a Court to use a logical
fallacy in interpretation of a statute.

7. Whether a 2022 social medium platform is a 1996
Interactive Computer Service (ICS) as an ICS is
defined in 47 U.S. Code § 230.

8. Whether the Internet
a) is a government-supported place of public
accommodation, in which a social medium
platform violates public accommodation anti-
discrimination law;
b) is a government-created government-supported
government-designated public forum, in
which a social medium platform violates
public forum doctrine by hosting a discrimi
natory open forum; or
c) contains government networks and facilities,
in which state action doctrine is violated by
discriminatory actions of a social medium
platform.

9. Whether the dismissal of the Petitioner 's Original
Complaint is an abuse of discretion.

All Questions Presented of Petition I1 are incorporated
by reference.

Question Presented (AI Summary)

whether-digital-personal-literary-property-is-other-property

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2022-12-21
Waiver of right of respondent A Medium Corporation to respond filed.
2022-12-15
Blanket Consent filed by Petitioner, Joachim Martillo
2022-12-07

Attorneys

A Medium Corporation
Sopen Bharat ShahPerkins Coie LLP, Respondent
Joachim Martillo
Joachim Carlo Santos Martillo — Petitioner