artichoke wrote:
Here's my reaction to TTU's four points:

A. "TTU y denies that any alleged defamatory messages in this case
were sent from any TTU computer. " sounds like an assertion to be
debated at trial, not granted at this point to dismiss the case.

B. I don't know anything about this legal point.

C. If TTU isn't a "person" nobody could ever sue them. Maybe there's
more to it than this, but this doesn't seem very likely to hold up.

D. Again, I don't know enough to have an opinion about this.

So I think they're relying on the 11th amendment (B) and the CDA
(D).


I believe what they're saying is that Texas Tech is not a "person" as
the term is used in 42 USC 1983. This is a civil rights law about
"persons" acting "under color of law." It is generally used for things
like cops beating people up for trying to run voter-registration
drives. I don't know if they're right, but the Texas AG probably knows
more about this than either of us. I agree that the 11th Amendment and
Section 230 arguments are the important ones. The rest seems to be
there in case Sloan tries to amend his complaint somehow.