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Marou ago

Gas the kikes Race War Now is not an illegal threat. The supreme court has ruled that an actionable threat needs a place and a time. example: We're gassing kikes at the White Castle on 5th avenue on Tuesday.

Can you share specific posts you've received complains on? Hosting providers and others tend to have a definition of "threats" that doesn't jive with the legal definition.

Mittermeyer ago

Actually yeah I think I remember something of the sort. It was a case involving the KKK where the supreme court ruled that generals such as "hang blacks" or "hang all blacks" was legal. However if there was one black guy nearby and they yelled "hang that black guy" that is when it would become an illegal threat.

fujin ago

Here's my buried comment that covers the Brandenburg vs. Ohio case that you're referring to but in a nutshell:

There's a clear difference between freedom of speech which includes saying things like "gas the kikes", "killer niggers", etc and inflammatory speech like inciting imminent violence, call to arms, etc which is NOT protected under the US First Amendment.

As per Brandenburg vs. Ohio, here's what crosses the line with inflammatory speech and what will trigger the government to get involved (e.g. force the admins to clean shit up or shut down the site):

  1. The speech is “directed to inciting or producing imminent lawless action,” AND

  2. The speech is “likely to incite or produce such action.”

The Brandenburg test is currently the unbeaten precedent upheld by the courts for speech that could be seen as instigating violence.

I can almost guarantee that there are teams (government and non-government) dedicated to watch and observe what we post on this site, waiting for comments that they can use to mount a case against Voat and eventually get this site shut down like they've already done to some others. And I'm sure there are active users on here from said groups that are giving us rope to hang ourselves.

heygeorge ago

fujin, you are awesome. This is a succinct way of describing the situation without resorting to armchair attorneying.

This is further nuance to keep in mind, such as intent.

For example:
The same (or nearly same) comment from @zyklon_b or @expertshitposter [posters generally of humorous intent; zyklon’s profile even explains his comments are to be taken as satirical art] vs a comment from, let’s say, @texasvet [a poster who generally intends his voice to be taken seriously and literally].

There is some notable precedent about how establishment of voice is taken into account when determining whether the speech meets the criteria of both directing lawlessness and likely producing this outcome.

@PuttItOut: IANAL

fujin ago

Thank you, this is my contribution to keeping this place alive and you're correct, the tone of the conversation is taken into consideration.

The fact that @PuttItOut was contacted is not surprising, if you're an oldfag you can see where things are headed based on the type of shitposting that's been going on around here lately. The tone has been less satirical wit/trolling and more feeding into low IQ 'muh feels' ideology.

heygeorge ago

The fact that @PuttItOut was contacted is not surprising, if you're an oldfag you can see where things are headed based on the type of shitposting that's been going on around here lately. The tone has been less satirical wit/trolling and more feeding into low IQ 'muh feels' ideology.

This is 100% where I’m at.

Rotteuxx ago

Yeppers, since NZ they've kicked it into high gear.

Ffs, they even sandboxed @Puttsmum for a while, we all know he was the main target.

FullSemiAutomatic ago

That's when I really noticed it.

I've lurked for years, seen things change, watched folks come and go and after NZ it was like a different site overnight.

TheTrigger ago

I wonder if they're going full-accelerationism, somehow believing it benefits them more than us.

captainstrange ago

It's the 2020 election.

They're all in, because they didn't learn their lesson in 2016.

This is just the panopticon testing the waters, seeing how people will respond.

KVD ago

Mmm, good point.