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 (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether digital personal literary property, which | a Defendant carries in the form of a post, comment, 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 IX. | 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 literary 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. . ii QUESTIONS PRESENTED Continued &. Whether the Internet , a) is a place of public accommodation, in which a social medium platform violates public accommodation antidiscrimination law; b) isa government-created public forum, in which a social medium platform violates public forum doctrine by hosting a discriminatory 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 I! are incorporated by reference. 1 Petition I or Martillo v. Twitter, (21-6916), January 22, 2022 — March 28, 2022, is a petition for a writ of certiorari before judgment of the Court of Appeals for the First Circuit.

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