Fighting Neo-Nazis and the Future of Free Expression

[Commentary] In the wake of Charlottesville, both GoDaddy and Google have refused to manage the domain registration for the Daily Stormer, a neo-Nazi website. Subsequently Cloudflare, whose service was used to protect the site from denial-of-service attacks, has also dropped them as a customer, with a telling quote from Cloudflare’s CEO: “Literally, I woke up in a bad mood and decided someone shouldn’t be allowed on the Internet. No one should have that power.” We agree.

Even for free speech advocates, this situation is deeply fraught with emotional, logistical, and legal twists and turns. All fair-minded people must stand against the hateful violence and aggression that seems to be growing across our country. But we must also recognize that on the Internet, any tactic used now to silence neo-Nazis will soon be used against others, including people whose opinions we agree with. Those on the left face calls to characterize the Black Lives Matter movement as a hate group. In the Civil Rights Era cases that formed the basis of today’s protections of freedom of speech, the NAACP’s voice was the one attacked. Protecting free speech is not something we do because we agree with all of the speech that gets protected. We do it because we believe that no one—not the government and not private commercial enterprises—should decide who gets to speak and who doesn’t. For any content hosts that do reject content as part of the enforcement of their terms of service, we have long recommended that they implement procedural protections to mitigate mistakes. These are methods that protect us all against overbroad or arbitrary takedowns.