back to article Yelp sues Texas for right to publish actual accurate abortion info

Yelp has sued Texas Attorney General Ken Paxton to prevent him from punishing the reviews website for labeling Crisis Pregnancy Centers (CPCs) as places that do not actually offer abortion services. In a complaint [PDF] filed on Wednesday in a San Francisco federal court, Yelp said it is seeking an order prohibiting the Texas …

  1. veti Silver badge

    Pure performative politics

    At this point it doesn't matter to the politicians what the courts decide. The point is to be seen to be fighting, nothing more.

    If the courts support the state, then fine, but if they don't, it's just further evidence of the liberal deep state that still needs rooting out. Either way, thank you for your donation.

    1. DS999 Silver badge

      Re: Pure performative politics

      The performative politics are purely on the Texas governor's side trying to go beyond abortion bans to hunting down anyone who helps women get an abortion out of state. If they could erect roadblocks on every road leaving the state and force pregnant women to stay in the state until they gave birth they would.

      Unfortunately for them popular opinion is very much against the anti abortion crowd. They can't even win a vote in Kansas, and are going to suffer badly in the 2024 election for their positions like they did in the 2022 election.

      1. aerogems Silver badge

        Re: Pure performative politics

        And unfortunately for the people of Texas, the rest of the US, and the world... Republicans have so heavily gerrymandered the state there's little chance they'll ever lose political control. Especially given the pay-to-play nature of the current class of Republican SCOTUS Justices.

        1. jake Silver badge

          Re: Pure performative politics

          The gerrymandering is there, undoubtedly.

          However, try to remember that Texas was pure blue for almost its entire existence before the current crop of shysters started coming into power in the late 1990s and early 2000s. (The Governor alternated between red and blue for the 20 years prior to that). There are plenty of Democrats still in Texas. The only question is if they have to cojones to take their State back at the polls.

          Time will tell.

          1. toejam++

            Re: Pure performative politics

            That was Dixiecrat blue, which was a whole different beast than the blue of FDR.

          2. DS999 Silver badge

            Re: Pure performative politics

            Texas has been trending more blue over the past decade plus, so I wouldn't be surprised if statewide elections start to swing that way before the end of the decade. Ted Cruz in particular will probably have trouble winning re-election, given that he isn't particularly popular among even fellow republicans. But the state legislature will remain red, even if gerrymandering was illegal it would simply because of how most democratic votes are concentrated in smaller areas.

    2. jake Silver badge

      Re: Pure performative politics

      "The point is to be seen to be fighting, in order to get social media points in their favorite echo chamber, nothing more."

      FTFY

      The daft thing is that the morons seem to think those social media points equate to real world vote ratios.

      1. Orv Silver badge

        Re: Pure performative politics

        It seems to be working so far. Paxton keeps getting reelected in spite of being very obviously corrupt.

        1. gandalfcn Silver badge

          Re: Pure performative politics

          "in spite of being very obviously corrupt" The USA is institutionally corrupt. Puts the Tories to shame.

          1. DJO Silver badge

            Re: Pure performative politics

            When appointments such as judges are political appointments, corruption is inevitable.

            1. Ace2 Silver badge

              Re: Pure performative politics

              Having lived in both kinds of states - I think judicial elections are far worse.

              1. DJO Silver badge

                Re: Pure performative politics

                Electing people to legal positions is equally bad.

                Judges should rise through the ranks of the legal profession so they are guaranteed to have the requisite legal expertise. Appointing or electing allows unqualified people into positions of power over other people which is a recipe for disaster.

                1. Tron Silver badge

                  Re: Pure performative politics

                  quote: ... electing allows unqualified people into positions of power over other people which is a recipe for disaster.

                  The main reason why so many councils in the UK are going bust and switching to only doing the legal minimum for the future. People with no ability are given control over millions of pounds of public money, and blow their budgets with idiot projects and idiot decisions. Depressingly, they don't even go to jail for it. They just pick up their bloated pay cheque and leave office, dumping the financial mess on the next idiot. The Tories are happy with this - it is an easy way to cut spending on public services at a local level. The locals suffer, paying extra council tax to service debts, whilst losing all their services.

                  We really do not imprison enough politicians at both a local and national level.

                  1. Someone Else Silver badge

                    Re: Pure performative politics

                    We really do not imprison enough politicians at both a local and national level.

                    There's the possibility that that precedent will be broken on this side of the pond. Stay tuned!

                2. EricB123 Silver badge

                  Re: Pure performative politics

                  "Judges should rise through the ranks of the legal profession so they are guaranteed to have the requisite legal expertise. Appointing or electing allows unqualified people into positions of power over other people which is a recipe for disaster."

                  But can the candidate sell whitening toothpaste?

              2. Michael Wojcik Silver badge

                Re: Pure performative politics

                I don't know about "far worse", but I'd certainly agree with "no better, and probably worse".

          2. jake Silver badge

            Re: Pure performative politics

            The US is a nation of over 340,000,000 people. Most of us are not corrupt.

            Remember, what you hear/see on "the news" is stuff that is considered "newsworthy". The vast majority of us don't act like the senile Trump and his sycophants, nor like the Menendez crook ... but our day to day mundane lives are not fit for your entertainment, so you don't hear about us. All you hear about is the extremes. For the most part, the current batch of shenanigans will be self-correcting within the ebb and flow of the coming election cycle(s).

            Might want to ask yourself if you're whistling past the graveyard ... glass houses & all that.

            1. gandalfcn Silver badge

              Re: Pure performative politics

              "The US is a nation of over 340,000,000 people. Most of us are not corrupt." Well, the GOP and anyone voting for it is and that is nearly half. then there are the Dems bribed by the NRA, Pharma, Oil/Coal and so on and those who vote for them, so it seems most are.

              I get your point, but sadly the facts are the facts.

              A similar situation exists in the UK with the Tories.

        2. codejunky Silver badge

          Re: Pure performative politics

          @Orv

          "Paxton keeps getting reelected in spite of being very obviously corrupt."

          Is this the guy who was claimed to have taken the bribe of a new kitchen. Such argument falling apart by 2 pictures dated before the claimed bribe and after which showed NO work was done at all and the claim to be a lie?

          I know know all the details about the case but that did amuse me

          1. jake Silver badge

            Re: Pure performative politics

            Paxton's issues are far more damning than home renovations, but as usual the ultra conservatives choose to ignore the damning in favo(u)r of the trivial.

            Note also that you can accept a bribe to be delivered at some point in the future (such as kitchen work), and then, when the heat is on, stop the work being done before it even gets started. Doesn't alter the acceptance of the bribe, as the intent is clearly there.

            1. codejunky Silver badge

              Re: Pure performative politics

              @jake

              As I said I dont know much about it beyond the embarrassing moment of the witness on the stand having to state no difference in the pictures while the prosecution was desperate to stop the evidence of the timestamped photograph from being entered. Corrupt or not I have no idea nor how conservative the guy is.

        3. jake Silver badge

          Re: Pure performative politics

          "Paxton keeps getting reelected"

          That was before Trump. People are getting tired of the ultra right. Even in Texas, from what I hear from folks who live there.

          We shall see.

          1. Orv Silver badge

            Re: Pure performative politics

            Blue Texas is like cold fusion, a fable that I keep being assured is just around the corner. I'll believe it when I see it. I'm pretty sure the establishment there would burn the state down before they'd let it go blue.

    3. aerogems Silver badge

      Re: Pure performative politics

      I am firmly of the opinion that these kinds of things need to have consequences. If a politician introduces a bill they know has no chance of passing, for example, then they are personally on the hook for every last penny spent in dealing with that bit of legislation. From printer toner, to the cost of paper to print copies, to the salary of every single aide and other legislator who had to read the thing. Their campaigns can't pay for it, they have to pay for it out of their own pocket. You'd see this shit stop pretty damn quick if that were the law.

      1. jake Silver badge

        Re: Pure performative politics

        Sadly it will never happen. Politicians will never pass a law that potentially costs themselves any money.

        HOWEVER, it is perfectly possible for a political opponent to guestimate the costs to the general public of any given sitting politician's work. For example, I wonder how much money that bint Green has spent at the government printing office to get her porn pictures (and the like) to wave about in the House? You know damn day well that didn't come out of her own pocket.

  2. Pascal Monett Silver badge

    "acquitted by his party in a Texas Senate trial"

    So I understand that it is not a judge that acquitted him because, in Texas, criminal Senators are brought to trial before other Senators.

    Truly a jury of his peers, then. And they acquitted him.

    What a surprise.

    And that in the land that boasts having the best justice system money can buy.

    It would appear that some criminals don't need money to go scott free.

    1. jake Silver badge

      Re: "acquitted by his party in a Texas Senate trial"

      Typically, actual Texas voters number under half of the voting population. If the Democrats get off their fat asses and actually get to the polls in Texas, they have the numbers to turn the state blue. Will it happen? We'll see. I wouldn't put money on it either way ... but if the existing governors rulers of the Great State of Texas continue to make the wrong people mad ... Well, the numbers ARE there, despite all the obviously racist gerrymandering.

      Same goes for Florida, BTW.

      1. katrinab Silver badge
        Unhappy

        Re: "acquitted by his party in a Texas Senate trial"

        But how much of that is due to voter suppression laws having the desired effect?

        1. jake Silver badge

          Re: "acquitted by his party in a Texas Senate trial"

          "But how much of that is due to voter suppression laws having the desired effect?"

          That is a very good question. Probably a lot.

          However, last time I checked there is no law against a "get out the vote" campaign in Texas or Florida. Yet. I'm sure the Republicans are working on it.

          1. MrDamage

            Re: "acquitted by his party in a Texas Senate trial"

            > However, last time I checked there is no law against a "get out the vote" campaign in Texas or Florida. Yet. I'm sure the Republicans are working on it.

            Just ban your opponents for spurious reasons.

            https://www.nbcnews.com/politics/politics-news/florida-republicans-bill-ban-state-democratic-party-rcna72917

    2. Ace2 Silver badge

      Re: "acquitted by his party in a Texas Senate trial"

      Impeachment trials are always that way. Judges don’t have the power to remove elected officials.

      If the US president gets impeached by the House, the trial is in the Senate, with the senators as the jury.

      1. lglethal Silver badge
        Go

        Re: "acquitted by his party in a Texas Senate trial"

        But, correct me if I'm wrong, Bribery is a crime. As such it should be handled in the courts, no? I mean isnt there some US Senator from New Jersey that's just been arrested for accepting bribes, and will face a court trial?

        So what was different about this case? Apart from maybe the fact that he is the Attorney General of Texas, so he would be kind of prosecuting himself if it took place in Texas, so you would probably suggest he should be tried in a federal court, by a federal prosecutor...

        1. Ace2 Silver badge

          Re: "acquitted by his party in a Texas Senate trial"

          IANAL but my understanding is that anything that met the criminal definition of bribery could absolutely by pursued by state or federal authorities. If he were convicted he could be subject to jail time or fines. Some states might have laws that would require elected officials to resign if convicted of certain offenses.

          But impeachment and removal is a different thing. It’s saying that his actions (criminal or not) merit his removal from office before the end of his term.

          Keep in mind the US Supreme Court has dramatically narrowed the scope of what constitutes political bribery. Menendez is likely to walk. The Bridgegate convictions got overturned, and William Jefferson ($90K cash in the freezer!?) wasn’t even charged.

          1. jake Silver badge

            Re: "acquitted by his party in a Texas Senate trial"

            "$90K cash in the freezer!?"

            It's not all that uncommon.

            Maybe not in the freezer, but on-hand, just in case. I know several people who have far more than that at hand, and all legal. I've got about 100K handy ... one never knows when one might run across a barn-find classic car (or whatever) that's suddenly for sale.

    3. aerogems Silver badge

      Re: "acquitted by his party in a Texas Senate trial"

      Paxton is the AG, not a Senator, but otherwise you're spot on. Still, the fact that he was even put "on trial" at all is pretty huge for a state like Texas.

  3. Anonymous Coward
    Anonymous Coward

    Florida and Texas...

    ... both trying to suppress free speech when it doesn't suit them..... Color me surprised. The right wing don't care about law, the constitution, or people's rights, they only care about themselves and their business buddies.

    1. jake Silver badge

      Re: Florida and Texas...

      The major problem is that the party known as "the right wing" here in the US doesn't want to govern.

      Rather, they think they have the god given right to rule. The Founding Fathers are spinning. Furiously.

      Hopefully the American voting public tells the republicans to fuck off, in no uncertain terms, in the coming elections.

      1. martinusher Silver badge

        Re: Florida and Texas...

        (Don't put money on it.)

        1. jake Silver badge

          Re: Florida and Texas...

          As I said elsewhere, I wouldn't put money on it either way,

    2. gandalfcn Silver badge

      Re: Florida and Texas...

      It's known as Christofascism.

    3. Steve Button Silver badge

      Re: Florida and Texas...

      Pretty sure this is not a left/right thing.

      There's been plenty of suppression of free speech when it doesn't suit them from "the left" in the USA and Canada.

      They are all at it.

  4. alain williams Silver badge

    Paxton should take CPCs to court ...

    for operating in bad faith as reported by the NIH. But he will not as CPCs support his ideology.

    I wonder what his view would be if he had been born a woman ?

    1. Filippo Silver badge

      Re: Paxton should take CPCs to court ...

      >I wonder what his view would be if he had been born a woman?

      His view, or the view he espouses? I don't think most extremist politicians actually believe the ideology they support. Some of them, sure, but if we could mind-read them, I'd bet we would find that most don't. It's just that it pays at the polls.

      In any case, I think she'd espouse the same views, and if she needed an abortion, it would get done quickly and quietly and none of us would know it.

      1. jake Silver badge

        Re: Paxton should take CPCs to court ...

        "I don't think most extremist politicians actually believe the ideology they support."

        I suspect that most actually do. Both "left" and "right" (whatever those labels truly mean). And that is fucking scary.

  5. Anonymous Coward
    Anonymous Coward

    Texas hold-em

    At the border until they “show”

    Just another case of men doing disgusting things to (young) women.

    1. John Brown (no body) Silver badge

      Re: Texas hold-em

      While I agree with the sentiment, I think if you look a little more closely, it's cross-gender thing on both sides. There's plenty of women out there protesting outside abortion clinics and supporting these rules.

      1. Anonymous Coward
        Anonymous Coward

        Re: Texas hold-em

        Yes, true.

        But follow the power and it’s the compliant Christian woman doing what their men-folk decree.

        1. John Brown (no body) Silver badge
          Thumb Down

          Re: Texas hold-em

          If you say so.

  6. Ace2 Silver badge

    I read this somewhere and it was eye-opening for me.

    It’s not that conservatives are just raging hypocrites about everything. It’s that from their perspective, there is an in group (‘us’) and an out group (‘them’). The purpose of authority / the law / the Bill of Rights etc is to protect ‘us’ and our rights, but to bind ‘them’ from doing things we dislike. ‘We’ are not bound (Hookers and blow! Hooray!) and ‘they’ are not protected (Black guy? Let’s kill him!)

    1. EatsRootsAndLeaves

      That's Wilhoit's Law: “Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.”

      https://slate.com/business/2022/06/wilhoits-law-conservatives-frank-wilhoit.html

      1. Ace2 Silver badge
      2. gandalfcn Silver badge

        aka fascism. In this case Christofascism.

        1. Michael Wojcik Silver badge

          That is not what "fascism" means. If you want to persuade, learn to use terminology correctly.

          1. gandalfcn Silver badge

            I am perfectly aware what the terms mean. Try starting from the first comment then you have context.

  7. gandalfcn Silver badge

    All these anti-abortionists, who claim abortion is against their religion, need to actually read their holey book, if they did they would find it states the exact opposite.

    Examples. Numbers 5:24-27 are the instructions for abortion, and Exodus 21:22-25 clarifies the non-personhood of a foetus.

    Sanhedrin 87b:10

    Further "...Rabbi Yehuda HaNasi says with regard to that which is written: “If men struggle and they hurt a pregnant woman…and if there shall be a tragedy you shall give a life for a life” (Exodus 21:22–23), the reference is to a monetary payment for the life that he took. The tragedy referenced is the unintentional killing of the mother."

    1. aerogems Silver badge
      Facepalm

      Don't you know anything!? Never let things like facts, logic, or reality get in the way of a fascist power grab!

      1. Michael Wojcik Silver badge

        The current ideology of the US Republican Party is authoritarian, anti-democratic, populist, nationalist, repressive, and thoroughly odious, but it's not fascist.

        Fascism is distinguished from other nationalist-authoritarian political ideologies primarily by central (state) control of the economy and industry. The current crop of right-wing zealots aren't advocating that, because their private-sector paymasters don't want it.

        Calling the MAGAts "fascist" is technically incorrect and misleading, and it's unnecessary. Authoritarian and anti-democratic are bad enough.

        Could the current GOP ideology slide into fascism, or set the stage for an actually fascist figurehead to seize the reins? Sure. Anything's possible. It would probably take a massive economic downturn, though, because so much of the US popular mythology is focused on individual liberty (even if little of that is actually available to many people) and achievement. Central planning is anathema to the lies we tell ourselves, so advocating it is generally a non-starter.

        1. aerogems Silver badge

          I respectfully disagree and point you to all the various "red" states where they're passing anti-abortion laws and attempting to make women prisoners within the state as well as limiting health care options for women. In states like Texas, they have given federal block grant money for things like medicaid to religious organizations that pretend to be like Planned Parenthood, but all they do is use high pressure techniques to try to convince women not to get an abortion. Or all the "red" states attempting to usurp the federal government's authority to regulate immigration. Or how the Republican party has been working for decades to disenfranchise voters and gerrymander voting districts so that they control the levers of power permanently. There are also cases where they've tried to hobble the free market for things like solar and wind power by using the power of the government to prop up coal and oil. There are even those who want to establish their particular form of Sharia Christianity as the official religion of the country, and make English the official language. There are numerous examples where the Republican party is attempting to use the economic levers of government to advance their particular ideology.

          As a bit of an aside, this is why I wish we had a parliamentary system of government like almost the entire rest of the world. I get what the nation's founders were trying to avoid when they set up this system of government, but I'd say the experiment has failed pretty miserably. Instead of dealing with long delays to form a coalition government, we just have two parties that are essentially an unstoppable force and an immovable object. And if you have a parliamentary system, it's a lot easier for third parties to get a foot in the door. They can get some concessions out of the group with the largest number of seats in order to go along with their primary agenda. Maybe not a lot, but it's more than the odd independent member of Congress gets now. And if we get our own version of Lord Buckethead, even better.

        2. jake Silver badge

          "Authoritarian and anti-democratic are bad enough."

          I'd add un-American to that list.

          Remember, we aren't talking about "the current US Republican Party", we are talking about the mostly Trump-lead ultra conservative, far Right portion of that party.

          The drooling core of the MAGA-cult aren't fascist themselves, being for the most part entirely too stupid to understand the concept. Rather, they are just wannabe quislings.

          It's Trump and his inner circle of sycophants that are attempting to become fascist rulers.

    2. CrazyOldCatMan Silver badge

      need to actually read their holey book

      You are away that the Sanhedrin was a purely-Jewish body and has *nothing* to do with the Bible? And a Rabbi is an expert in the Torah (hopefully!) but not the Christian Bible?

      I do agree that almost all the anti-abortionists wouldn't classify as Christians by the 1st Century definition.. (not being monotheists, beliving in an immportal soul and a literal devil - none of which were in 1st Century Christianity. Point out to the evangelical MAGA types that the early church in Jerusalem very much was a commune where 'each gave as they had and each were given as they needed and all was held in common' (my paraphrase).

  8. s. pam
    Gimp

    Texas renamed to Gilead

    Between the Texas guvnor and their now-not-convicted-of-fraud AG they've turned a once decent holiday destination into a living (only!) hell.

    Thus their state motto will be changing to "Welcome to Gilead, where we do your thinking"

    1. Ace2 Silver badge

      Re: Texas renamed to Gilead

      Hey hey, let’s be kind. Governor Abbott is a real stand-up guy, and AG Paxton is a straight shooter.

    2. The Dogs Meevonks Silver badge

      Re: Texas renamed to Gilead

      And here I am, thinking it was the 'Lone Brain Cell State' :)

  9. aerogems Silver badge
    Thumb Down

    Leave it to Texas, and Ken Paxton

    Only Texas--and maybe Florida--could make me take the side of Yelp on... anything really.

    1. John Brown (no body) Silver badge

      Re: Leave it to Texas, and Ken Paxton

      Yeah, it's funny how the part claiming to be the champions of "free speech" don't like it when it's used against them. No point in rehashing yet again why that is. We all know.

  10. John PM Chappell

    Texas resident here ...

    So ... Paxton's acquittal was an embarassment, even to many Republican politicians here, who were disgusted with the outcome. At least he was actually facing impeachment, though. Progress?

    Sadly, Texas has a long history (it's not alone in this regard, but it is very notable) of serious political corruption, including with law enforcement (Sheriffs running their county as personal fiefs, running liquor and drugs, etc), to the point that there have been many Federal interventions. It is worth noting that Texas is a *big* state, which makes a lot of this easier in some regards, and that it's by no means typical of the average Texan, but ... still, it is and has been 'a thing' for basically the entire history of the state, alas.

    The abortion position has basically no real support on the ground - there are many, though not a majority, who support restricting abortion in some way, even prohibiting it at a state level outside some very narrow exceptions, but basically nobody supports hunting women down and prosecuting them for even trying to get an abortion - and many 'moderate' voters have been pushed into seeking to oppose those politicians who did back this. As 'jake' has noted above, only time will tell if they actually vote their professed positions, but Texas has never been a true 'Republican Heartland' the way many fondly imagine. The cities have always been largely Democrat voters, and the rural areas are mixed but shifted heavily to the Republicans in the 1990s with the whole courting of Evangelical Christians by the GOP. As of today, that is increasingly not holding, in no small part thanks to the previous resident of the White House.

    1. Ideasource

      Re: Texas resident here ...

      The development of Texas as a state was a hostile occupation of Mexico's fertile land with various attempts at genocide against the Mexican people, alternated with practices of slavery against the Mexican people who's home and land and country it was.

      Against the direct orders of the US federal government Texas created an international war and slaughtered the men and women and children bravely fighting for their Homeland against the Texan occupation.

      The the heart of that hateful violence worshiping culture still is at the core of Texas the institution.

      Born of trespassed thievery rape and disdain for human life is there any surprise that Texas continues it's legacy of horror in this modern day?

      The best way to deal with Texas would be to kick them out of the union and embargo them like was done to Cuba.

      Either they learn to be friends with Mexico, or receive police action from the United States military for creating war in the Western hemisphere.

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