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A comment on Kiwi Farms is down across all domains as DDoS-Guard terminates service. Parent comment

Re:Kiwi Farms is down across all domains as DDoS-Guard termi... by foldr on Monday September 05, 2022 @05:17PM (#32729590)
I don’t think that’s relevant. The point is just that you really can’t shout ‘fire!’ in a crowded theatre and use a free speech defense to escape responsibility for your actions. Various other scenarios may or may not have been found to be legally analogous to this one by various courts. Nonetheless, the example still serves to illustrate the limits of free speech.

To put it another way, Brandenburg v. Ohio didn’t find that it actually is ok to shout ‘fire!’ in a crowded theatre. Rather, it found that a particular instance of speech wasn’t analogous to that example.

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Re:Kiwi Farms is down across all domains as DDoS-Guard termi... by richbell on Monday September 05, 2022 @05:19PM (#32729608)
It is relevant if the courts later overturned the decision and it is now considered free speech.

I get your point, it's just a bad example given the historical baggage.

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Re:Kiwi Farms is down across all domains as DDoS-Guard termi... by semiquaver on Monday September 05, 2022 @08:45PM (#32731240)
The analogy itself is dicta: part of the decision’s explanation and commentary; not a statement of law or binding precedent. Therefore not something that can be overturned in the subsequent case.
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Re:Kiwi Farms is down across all domains as DDoS-Guard termi... by foldr on Monday September 05, 2022 @05:22PM (#32729643)
AFAIK the courts did not find this. After all, they were not considering the case of someone who shouted ‘fire!’ in a crowded theatre. If someone actually did this and people died as a result (e.g. in a stampede), it seems highly unlikely that a free speech defense could be used.
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Re:Kiwi Farms is down across all domains as DDoS-Guard termi... by Dylan16807 on Monday September 05, 2022 @07:25PM (#32730698)
> It is relevant if the courts later overturned the decision and it is now considered free speech.

Since "it" is the draft stuff, not shouting fire, it's only mildly sometimes relevant.

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