Comment by donohoe
4 years ago
Private companies should not be
the de facto moderators
of free speech
Hate speech and organizing to harass and other IRL hate acts is not ‘free speech’. That was the major point.
4 years ago
Private companies should not be
the de facto moderators
of free speech
Hate speech and organizing to harass and other IRL hate acts is not ‘free speech’. That was the major point.
>Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution. While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected free speech under the First Amendment.
https://en.wikipedia.org/wiki/Hate_speech_in_the_United_Stat...
There is no government involved here though. If Cloudflare has a hate speech company policy, then as a company they can choose who they serve.
Kiwifarms is free to get another company that aligns with their goals.
I'm having trouble understanding how 1) everyone thinks Cloudflare is the singular hole through which the internet flows and 2) how a private company does not have the freedom to do what they want.
If you don't like what Cloudflare is doing, then speak with your wallet and don't use them, there are numerous other providers of ddos protection
>There is no government involved here though.
See the parent comment I was replying to. We agreed on the statement that "Private companies should not be the de facto moderators of free speech". I just think it is weird to argue this in a thread where we have just turned 180 degrees from our original premise.
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We tolerate it legally, but a majority of society certainly does not tolerate it morally nor agree with the content.
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The problem isn't that nobody understands that free speech is not limitless, the problem is that literally nobody wants to be in the business of defining the exact boundaries of allowed speech and how to enforce it; there is no perfect answer. Cloudflare was taking the position that it's not their job, and they're not alone as far as internet services go. There are, in fact, other hosts that do basically the same thing, see Nearlyfreespeech for example.
My point isn't to weigh in on this specific decision, but I want the rhetoric around this stuff to evolve away from pretending that defining the boundaries of what speech should be protected is super easy and objective. It's really not, and it never will be.
> literally nobody wants to be in the business of defining the exact boundaries of allowed speech
That's because there shouldn't be one global boundary enforced centrally. This kind of problem is a direct consequence of the scale and alignment miss-match between the technical structures (here cloudfare) and the scale at which there is political cohesion (apparently much lower scale here, since there is such an irreconcilable disagreement). Each politically cohesive group should have the ability to make their own policies. That's how federated things work (email, mastodon or bgp). Hence these kind of clashes we get regularly because of the size of most things has become so huge which is completely nonsense imho (eurozone, food/simple goods production, media).
Are you suggesting that large services like Cloudflare shouldn't exist, and instead there should be an ecosystem of DDoS-filtering reverse proxies? I do agree to that, though I think the problem remains that most of them do not want to be in the business of trying to decipher law and morality. So at the end of the day, the buck does stop somewhere.
And frankly, the example of Mastodon doesn't inspire confidence. Mastodon instance-level blocks have turned the platform into a huge mess. I genuinely would not be surprised if there was no single instance I can sit on that will allow me to interact with everyone I know on Mastodon, and as far as I've heard, if I choose to host my own instance and not to block certain instances, this will lead to my instance being blocked on some instances. I could be exaggerating a little, but this seems quite annoying.
Admittedly, e-mail works a bit better in this regard, but it's certainly not without issues (SPAM, deliverability, etc.) Still, it's perhaps possible that platforms that deal with public broadcasting are inherently more sensitive to cultural clash than ones that only deal with more or less direct communication.
Consolidation of power into platforms like Cloudflare is still a problem, but even if we fix that, we still have another service that has a lot of people all in one big amorphous zone: the Internet. I do wonder a lot if the Internet will ultimately wind up unifying a bunch of cultures, or if it will wind up creating even more bifurcation than it eliminates. It's starting to feel more and more like it creates more bifurcation, just a bit.
I don't understand trying to hide behind an argument other than "my tribe is in power here so you submit to our rules". The post you linked falls apart with how you define various concepts (how you define the terms of peace, etc.). The argument is eventually settled (like nearly all of them these days) by who is in power. They'll define the terms of peace and in a way that paints their causes as good and their enemies as evil.
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There are established ways that we as a society, determine what to tolerate.
Most people would say the legal system is the correct avenue for this.
This is a nice platitude, but I'm not seeing the relation. Service providers that follow the law will in fact, stop tolerating a client when law enforcement tells them to do so.
> Hate speech and organizing to harass and other IRL gate acts is not free speech
“Free speech” is a philosophy. It makes no sense to describe a particular expression of speech as free or not. Hate speech is speech. Whether one should be free to make it is another question.
I think it’s easier than that, hate speech just isn’t speech, it’s an act of violence that happens to use your mouth, pen, or keyboard — 1A as it’s currently interpreted is way too broad, the court seems to find other forms of violence, even those done for political expression, as not protected, but gives exception here for some naive “sticks and stones” argument.
It is in America, for the most part. You can absolutely organize to harass people if the harassment is in the form of verbal abuse, for instance. Cloudflare is saying that something happened in the last few days on KF that was a genuine "emergency". I don't think this is just an excuse, actually – Prince seems unusually committed to honesty about this sort of thing. I presume people were organizing specific violent acts on KF, which is not "free speech" even in America.
Your second item isn’t even close to an illegal threat in the USA, it’s the loser equivalent of saying “mine is 12 inches”. It’s not true, never happened, and nobody believed them.
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Completely conjecture. Why do you assume good will from companies?
I don't. I'm going on what I think about Matthew Prince, who wrote the post we're talking about.
Not conjecture. Documented evidence of KF users doxxing and making threats against people: https://twitter.com/oneunderscore__/status/15657982526702387...
If hate speech is not free speech, then they who define what is hate speech, define what you can or cannot say.
If there's defamation, harassment, or incitement to violence, we should deal with that in an open court with juries of our peers, not in some dark board room.
That's easy. Are they calling for illegal actions against people?
That's a pretty easy litmus test.
As a colloary, it's akin to comparing "I don't like the president" vs "Let's go kill the president" (this is a comparison of allowed vs unallowed speech in the USA, not a call to).
Advocating voting against is 100% legal. Advocation of killing is 100% ILLEGAL.
Kiwifarms was doing the latter, up to and including actions threatening violence, "assisted" suicide, and murder.
Those were never 1fa protected actions.
> That's a pretty easy litmus test.
Then a proceeding in open court will be simple and fast.
A proceeding where the accused has the right to cross examine and present evidence in their defense.
I prefer that to a corporate decision done in secrecy in response to bad PR.
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To be fair, there is the entire concept of cancel culture which basically is all about organizing to harass people and is basically supported by every large platform.
canceling someone is about their professional or political connections. Kiwifarms eggs people on to kill their targets. They are not equivalent
Yes it is. Freedom of speech is the principle of being able to express your ideas and opinions. And hate speech is just that.
Obviously no country has absolute freedom of speech, but for example the First Amendment has no hate speech exemptions.
Hate speech is often about saying other people ought not be able to express their ideas and opinions, and that the most effective way to bring about this result is for them to not be not alive any more.
Eliminationist rhetoric is a subset of hate speech overall, but it certainly exists and is trivially easy to discover. It's odd to me that none of the self-professed 'free speech absolutists' ever seems to engage with this point.
Most eliminationist rhetoric is still protected in the States under current precedent. It advocates unlawful action but without "imminency". It could have been forbidden under the old "clear and present danger" standard.
Forbidden eliminationist rhetoric is quite rare and would be something like the "cockroach" broadcasts in Rwanda.
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All of this is irrelevant and besides the point, 'hate speech' is not a magical word you say when mean people on the internet say things you don't like.
If you can't prove material damage in a court, it should be allowed.
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Hate speech always leads to further extremist behavior and death threats. Now, the US is very tolerant of hate speech in itself. The problem is haters are completely incapable of avoiding the next step wherein they call for the call for the deaths of those they hate. The very moment they do that I am perfectly fine with all of our existing laws on things like terroristic threats being wielded against those making the threats.
You have the right to speak, but you also have the right to repercussions, in specific when those actions are a call to harm.
in the US, there needs to be serious proof of intent beyond just saying something to prosecute.
yes it is. free speech as a philosophy is about allowing all speech, cause other it's just mostly free speech.
you're just using the words to act like you have a moral high ground you don't actually have.
> free speech as a philosophy is about allowing all speech, cause other it's just mostly free speech
Then that's a philosophy virtually no one actually holds.
Very few people think death threats, fraud, etc. fall under free speech. If you do your speech at 3am with a loudspeaker in a residential neighborhood, you're probably getting dinged for "disturbing the peace", because other people have rights too, and society winds up having to resolve the conflicts.
In this case, a similarly important right - freedom of association - also applies.
> Then that's a philosophy virtually no one actually holds.
correct. most people don't hold a free speech philosophy. people just like taking a high moral ground they don't actually have.
> Very few people think death threats, fraud, etc. fall under free speech
us govt can't prosecute death threats unless they can prove intent beyond you just saying it, they can't also arbitrarily prosecute for lying
> If you do your speech at 3am with a loudspeaker in a residential neighborhood, you're probably getting dinged for "disturbing the peace", because other people have rights too, and society winds up having to resolve the conflicts.
if you said the same thing at a much lower volume, no one would care. the problem there is noise pollution, not the content of the speech said.
KF has a very explicit policy to not interact with subjects of a thread. Discussions about harassing them will get you banned.
I see that policy works extremely well in cases like <https://twitter.com/keffals/status/1566153033586810885>. As long as you give all the information necessary for someone interested to interact in a harmful way, it's fine, but you have to frame it in a way that doesn't suggest harassment. Just speculate about all the locations they could possibly be having lunch, and trust that nobody will harass them.
Spreading rumors about them and interacting with friends, family, and known associates is fair game. Also posting their public contact information is also fair game.
I presume users on kiwifarms (KF) use https://en.wikipedia.org/wiki/Parallel_construction techniques to publish private information elsewhere (such as private addresses) so that the information can then legally be reposted on KF. Coordination-of-information has an accomplice role in some of the illegal activities "reported" by KF.
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This strategy will not ultimately survive contact with law enforcement. They need to stop doxxing.
I do think, if there was competent legal governance in this space, that's the conclusion they would have reached. I think you understand my larger point, regardless.
Most libertarians here don't understand free speech in the US legal system.
Yes it is.
What is hate speech?
Actually, yes it is. Just because you made up a new word to describe opinions you don't like doesn't mean those opinons aren't covered by free speech.