[Infowarrior] - NameCheap CEO: Inciting Violence vs Freedom of Speech

[Richard Forno]

(I agree this can potentially be a sticky situation for tech companies, but this is a decent explanation from a registrar that normally tends to come down strongly in support of digital rights, free speech, etc.   -- rick)

Inciting Violence vs Freedom of Speech

News Aug 20 2017 Richard Kirkendall 

https://blog.namecheap.com/inciting-violence-vs-freedom-speech/

At Namecheap, we see both sides of the free speech consideration.  On the one hand, we cannot be the ones censoring content, unpopular though it may be.  On the other hand, and without question, the content appearing on the DailyStormer.lol is highly offensive, even more so in light of the recent events in Charlottesville, VA.  

We find ourselves in a difficult situation, where we must balance the repugnant nature of the content against our principles, beliefs and ongoing support of free speech. This has been particularly challenging given that the fallout from our decision will be in the public eye and subject to public scrutiny, no matter what path we may take.

So, the question, as I see it, is whether deletion of these domains contradicts our core principle of advocacy of free speech?  In this particular case, I state that the answer is “No.”

I’ve examined the website carefully. It purports to disclaim violence.  But, these words are profoundly hollow as the actual text supports both viewpoints as well as groups that specifically promote violence.  As an example: “It doesn’t take a Ph.D. in mathematics to understand that White men + pride + organization = Jews being stuffed into ovens.”

This statement clearly incites violence and endorses wholesale eradication of Jews through genocide championed by the Nazis.  Daily Stormer in all its content advocates that proud white men organize themselves.  It also presents the inevitable consequence of the organization of white men and their pride: “jews being stuffed into ovens.”  This alone is a drastic departure from traditional freedom of speech principles and endorsement of a very violent eventuality.  Based on this statement alone, the site should be legitimately shut down as the speech constitutes an incitement of violence.

This point is reinforced by the very tagline of the site: Daily Stormer: “Summer of Hate Edition.”  The site spends considerable effort demonizing Asians, Blacks, Mexicans, etc.

I have considered this from a Constitutional perspective and sought a legal perspective. I believe that hate speech and incitement of violence provides ample legal support for a proper termination of the domains.

Our commitment to free speech is well-documented, including through our support of EFF.org, but there is a line where free speech ends and incitement begins.  It may be an elusive one but, as United States Supreme Court Justice Potter Stewart stated in his threshold test for obscenity in Jacobellis v. Ohio: “I know it when I see it.”

So it is here: the quality and context of the material, paired with the support for violent groups and causes passes from protected free speech into incitement.

We have, and always will continue to uphold our principles in support of privacy, freedom of speech and Internet freedom.

Sincerely,

Richard Kirkendall
CEO, Namecheap