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Soy "What a bunch of miserable POS": r/IncelTear's absurd comments on the Bianca Devins litigation

PPEcel

PPEcel

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View: https://www.reddit.com/r/IncelTear/comments/z9t1qc/disgusting_and_revolting/


Recently, a fellow incel on Discord sent me the above Reddit post where my previous write-up on the Bianca Devins litigation was featured on the cesspool that is CuckTears. As expected, their comments veer from the uninformed to the deranged.

(I'm looping in @AsiaCel @Incelius Savage @Dregster @Chingaquedito @The Enforcer @NorthernWind @Alexander400 @RuudVanNistelrooy @PointOfNoReturn because they were also included in the screenshot.)

Here's how the story unfolded, in case you forgot:
  • 17-year-old e-girl Bianca Devins gets raped and killed by her simp, Brandon Clark.
  • Clark recorded a tape of himself committing the crime and is eventually sentenced to 25 to life.
  • District Attorney's Office accidentally leaks the tape to the press.
  • E-girl's estate sues the DA's Office for the leak.
  • Based federal judge dismisses the estate's lawsuit for numerous procedural reasons.
Now the reason I've been following the case for years now is that in the hours following Devins' murder, soycucks began to spread online misinformation about Clark's affiliation with the incel community. Clark was a low-tier normie, of course, and law enforcement ultimately found no evidence that Clark ever identified as an incel.

JV5QAK2JIVGZBJWA7252CS5VDI
Devins and her simp

Anyways, let's methodically unpack what these Redditors had to say:

Federal Civil Procedure = "The Incel's Brain Twisted It"

While Judge Suddaby's reasons for dismissal are numerous and highly technical, the most significant reason was Devins' lack of capacity. As she was already dead at the time the sex tape was allegedly shared, the federal child pornography statute supporting her cause of action was inapplicable.

Redditcucks being who they are, they struggled to wrap their heads around this sentence.

Screenshot 2023 01 21 142351
Screenshot 2023 01 21 142448

Except I didn't twist anything. Devins' first cause of action relied on 18 U.S.C. § 2255, a federal statute that allows abuse victims to sue any perpetrator who produced, received, distributed, or possessed child pornography in which they were the victim. Here's what § 2255(a) says, in part:
Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred.

Here's the kicker: the statute says "person". Not "dead person". Devins was already rotting in the ground at the exact moment that the DA's Office inadvertently distributed the rape tape. Now, this by itself isn't fatal to Devins' estate's argument, but it merits further consideration. So to resolve the question over whether Devins' estate had the capacity to sue the DA's Office, Judge Glenn T. Suddaby looked to Federal Rule of Civil Procedure 17(b)(3), which states:
Capacity to sue or be sued is determined as follows:

(3) for all other parties, by the law of the state where the court is located...

Unfortunately for Devins, according to New York state court precedent, her "personal representative has the authority to bring causes of action that were viable at the time of [her] death, [but] not claims that arose after . . . her death." Lucker v. Bayside Cemetery, 979 N.Y.S.2d 8, 15 (1st Dep’t 2013) (internal quotations omitted). And so based on these findings, Judge Suddaby dismissed Devins' main cause of action for lack of capacity to sue.

Not once did I suggest, of course, that child pornography is legal if the child victim happens to be deceased. That is absolutely not the case. Child pornography is not protected by the First Amendment, and prosecutors have wide discretion to bring criminal actions against anyone who possesses or distributes such material. But the law differs for civil actions: the defendant can very well challenge the plaintiff's (i.e. Devins) capacity to sue.

To u/Neathra's credit, she did take the time to understand the ruling and concluded that I was, of course, technically right. That's more intellectual honesty than you'll get from 99% of Redditors.

Screenshot 2023 01 21 150908

But in explaining Judge Suddaby's reasoning to other Redditors, she follows up with an inapt analogy:

Screenshot 2023 01 21 151521

The media has a First Amendment right to talk about mass shootings and criticize and ridicule mass shooters, dead or alive. Full stop. It would be frivolous to suggest otherwise. On the same note, incels also have a First Amendment right to talk about mass shootings and mass shooters, even if an incel's viewpoint on this issue may be controversial and disagreeable.

"A Country Should Be Held Accountable"

Screenshot 2023 01 21 152457

How do you unpack two comments so obviously flawed, logically and factually?

Well, let's start here: Incels.is is operated by private citizens, not by any state actor or foreign state, so no entire country is being "held accountable" for hosting our website. But even if we were operated by a foreign state (we aren't)—if we were funded by the Russians or the Chinese or the Saudis, for example—any civil or criminal case in any American court against an entire country (i.e. foreign state) for hosting Incels.is would run into a jurisdictional hiccup: the Foreign Sovereign Immunities Act of 1976.

The second question is: Accountable for what? For praising the federal judiciary for faithfully interpreting the letter of the law instead of acting as a junior varsity legislature, even if the ruling might upset the family of a 17-year-old girl who was raped and nearly decapitated? Because that was the main point of my prior post: Judge Suddaby did a good job.

Ah, another Redditor says, Incels.is "could encourage" hate crimes. I don't agree. But even if we did, the mere "encouragement" of hate crimes is protected speech. Speech doesn't lose constitutional protection on the basis that it could hypothetically motivate a person to do something bad. Incendiary speech is unprotected if and only if the speech is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action". Brandenburg v. Ohio, 395 U.S. at 447 (1969). Because the federal courts have construed the "imminence" and "likeliness" prongs of the Brandenburg test quite literally and narrowly, the First Amendment protects the "mere advocacy" of illegal activity. Id. Thanks to Brandenburg and several other precedents from the (extremely based) U.S. Supreme Court, the legal barrier for defining speech as "incitement" is very significantly higher in the United States than the rest of the world.

FmpeaqHX0AMmdlr

Redditors seem to think that by uttering a magic sequence of words, like "threat to democracy", "spreading hate", or "stochastic terrorism", they can make an end-run around the text of the Constitution and criminalize speech that is, in fact, perfectly legal. But that's not how it works.

"Guantanamo Bay"

1674290139102

Yikes, sweaty! Torture is bad. And why would Brandon Clark—convicted on NY state charges—be the responsibility of the (federal) U.S. military? That doesn't even make sense.

By the way, what's wrong with Attica anyway? If I know anything about NY state prisons, it's that the amenities there are considerably worse than at the Waldorf Astoria. Man, you guys are sadistic.

"Legit so delusional or inaccurate"...
Screenshot 2023 01 21 165139

...perfectly describes most of the comments on this Reddit post. Thank you for putting the words in my mouth.
 
Last edited:
LesscoBlob

LesscoBlob

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SHE GOT A SIMP? THIS UGLY ASS FEMALE WHO WOULD BE A GIGA TRUECEL IF MALE?
Yeah, I'm happy she died. Literally taking advantage of desperate people.
There's one less sociopath in this world.
 
TheDarkEnigma

TheDarkEnigma

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She was the piece of shit.

She was the one who got herself killed by playing with that guy's emotions.
 
TheShingTard

TheShingTard

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Another IT post.

Maybe you should go have a "civil discussion" with them
 
Homelandercel

Homelandercel

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She was the piece of shit.

She was the one who got herself killed by playing with that guy's emotions.
he was her looksmatch, she should have just settled and kept her neck closed :feelsEhh:
 
The Enforcer

The Enforcer

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Funnily enough this post was made by @Dearsweetagony the trash in the ban appeals.
 
surreal

surreal

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Did not read, fuck IT, fuck that bitch, fuck American government, fuck my life
 
stalin22

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He was mid tier and he actually hated increl

Men have been killing women for rejection long before incels or blackpill
 
NorthernWind

NorthernWind

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'Child'. 17 y.o. is not a child.
 
LeFrenchCel

LeFrenchCel

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Death to foids and to simps (in video game)
 
Alexander400

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View: https://www.reddit.com/r/IncelTear/comments/z9t1qc/disgusting_and_revolting/


Recently, a fellow incel on Discord sent me the above Reddit post where my previous write-up on the Bianca Devins litigation was featured on the cesspool that is CuckTears. As expected, their comments veer from the uninformed to the deranged.

(I'm looping in @AsiaCel @Incelius Savage @Dregster @Chingaquedito @The Enforcer @NorthernWind @Alexander400 @RuudVanNistelrooy @PointOfNoReturn because they were also included in the screenshot.)

Here's how the story unfolded, in case you forgot:
  • 17-year-old e-girl Bianca Devins gets raped and killed by her simp, Brandon Clark.
  • Clark recorded a tape of himself committing the crime and is eventually sentenced to 25 to life.
  • District Attorney's Office accidentally leaks the tape to the press.
  • E-girl's estate sues the DA's Office for the leak.
  • Based federal judge dismisses the estate's lawsuit for numerous procedural reasons.
Now the reason I've been following the case for years now is that in the hours following Devins' murder, soycucks began to spread online misinformation about Clark's affiliation with the incel community. Clark was a low-tier normie, of course, and law enforcement ultimately found no evidence that Clark ever identified as an incel.

View attachment 698106
Devins and her simp

Anyways, let's methodically unpack what these Redditors had to say:

Federal Civil Procedure = "The Incel's Brain Twisted It"



Redditcucks being who they are, they struggled to wrap their heads around this sentence.

View attachment 698114
View attachment 698115

Except I didn't twist anything. Devins' first cause of action relied on 18 U.S.C. § 2255, a federal statute that allows abuse victims to sue any perpetrator who produced, received, distributed, or possessed child pornography in which they were the victim. Here's what § 2255(a) says, in part:


Here's the kicker: the statute says "person". Not "dead person". Devins was already rotting in the ground at the exact moment that the DA's Office inadvertently distributed the rape tape. Now, this by itself isn't fatal to Devins' estate's argument, but it merits further consideration. So to resolve the question over whether Devins' estate had the capacity to sue the DA's Office, Judge Glenn T. Suddaby looked to Federal Rule of Civil Procedure 17(b)(3), which states:


Unfortunately for Devins, according to New York state court precedent, her "personal representative has the authority to bring causes of action that were viable at the time of [her] death, [but] not claims that arose after . . . her death." Lucker v. Bayside Cemetery, 979 N.Y.S.2d 8, 15 (1st Dep’t 2013) (internal quotations omitted). And so based on these findings, Judge Suddaby dismissed Devins' main cause of action for lack of capacity to sue.

Not once did I suggest, of course, that child pornography is legal if the child victim happens to be deceased. That is absolutely not the case. Child pornography is not protected by the First Amendment, and prosecutors have wide discretion to bring criminal actions against anyone who possesses or distributes such material. But the law differs for civil actions: the defendant can very well challenge the plaintiff's (i.e. Devins) capacity to sue.

To u/Neathra's credit, she did take the time to understand the ruling and concluded that I was, of course, technically right. That's more intellectual honesty than you'll get from 99% of Redditors.

View attachment 698121

But in explaining Judge Suddaby's reasoning to other Redditors, she follows up with an inapt analogy:

View attachment 698123

The media has a First Amendment right to talk about mass shootings and criticize and ridicule mass shooters, dead or alive. Full stop. It would be frivolous to suggest otherwise. On the same note, incels also have a First Amendment right to talk about mass shootings and mass shooters, even if an incel's viewpoint on this issue may be controversial and disagreeable.

"A Country Should Be Held Accountable"

View attachment 698127

How do you unpack two comments so obviously flawed, logically and factually?

Well, let's start here: Incels.is is operated by private citizens, not by any state actor or foreign state, so no entire country is being "held accountable" for hosting our website. But even if we were operated by a foreign state (we aren't)—if we were funded by the Russians or the Chinese or the Saudis, for example—any civil or criminal case in any American court against an entire country (i.e. foreign state) for hosting Incels.is would run into a jurisdictional hiccup: the Foreign Sovereign Immunities Act of 1976.

The second question is: Accountable for what? For praising the federal judiciary for faithfully interpreting the letter of the law instead of acting as a junior varsity legislature, even if the ruling might upset the family of a 17-year-old girl who was raped and nearly decapitated? Because that was the main point of my prior post: Judge Suddaby did a good job.

Ah, another Redditor says, Incels.is "could encourage" hate crimes. I don't agree. But even if we did, the mere "encouragement" of hate crimes is protected speech. Speech doesn't lose constitutional protection on the basis that it could hypothetically motivate a person to do something bad. Incendiary speech is unprotected if and only if the speech is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action". Brandenburg v. Ohio, 395 U.S. at 447 (1969). Because the federal courts have construed the "imminence" and "likeliness" prongs of the Brandenburg test quite literally and narrowly, the First Amendment protects the "mere advocacy" of illegal activity. Id. Thanks to Brandenburg and several other precedents from the (extremely based) U.S. Supreme Court, the legal barrier for defining speech as "incitement" is very significantly higher in the United States than the rest of the world.

View attachment 698130

Redditors seem to think that by uttering a magic sequence of words, like "threat to democracy", "spreading hate", or "stochastic terrorism", they can make an end-run around the text of the Constitution and criminalize speech that is, in fact, perfectly legal. But that's not how it works.

"Guantanamo Bay"

View attachment 698135

Yikes, sweaty! Torture is bad. And why would Brandon Clark—convicted on NY state charges—be the responsibility of the (federal) U.S. military? That doesn't even make sense.

By the way, what's wrong with Attica anyway? If I know anything about NY state prisons, it's that the amenities there are considerably worse than at the Waldorf Astoria. Man, you guys are sadistic.

"Legit so delusional or inaccurate"...
View attachment 698137

...perfectly describes most of the comments on this Reddit post. Thank you for putting the words in my mouth.

I am famous yay
 
Dregster

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She was the piece of shit.

She was the one who got herself killed by playing with that guy's emotions.
Exactly

On a sidenote, when the fuck is IT going to get shutdown, like damn bro nothing honest or sincere ever comes from that shithole.
 
TheDarkEnigma

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Exactly

On a sidenote, when the fuck is IT going to get shutdown, like damn bro nothing honest or sincere ever comes from that shithole.
I've reported them to Reddit many times. I would really be a great day of celebration and victory if they actually got shut down.
 
Man

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Normies shouldn’t fuck with underdogs without fear of repercussions
 
Indari

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I WANT PICTURES OF SPIDERMAN GODDAMNIT
 
BigSadnes765

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When the opinion of other person matches the woke libtard opinion this is freedom of speech, when other person says anything against their opinion this is 'threat to democracy' and 'advocacy to *insert any opinion that doesn't suport cucked woke idealogy*'. This reminds me Chinese goverment's politics where people are allowed to have only one opinion, this is what woke libtards wants to achieve, literaly 1984.
 
Neurotic

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Trememdous thread
 
No_Tears

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if you lie down with dogs you get fleas, he's still a murderer and it's unfortunate that she died, but this should serve as a reminder for everyone that bad things are more likely to happen to dumb/bad people
 
Escthectrler

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Incedel

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Ah another based take OP. Nothing better than watching ITcels letting this shit get to them. Devins was a disgusting drug abusing whore and literally got what was coming to her for pushing the beta around for too long. :society::society::society:
 
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