Free Speech News Round Up 7 | August 11, 2019
After a brief hiatus, I have returned! As always, there is a lot of news to cover. When I get more time over the next couple weeks, expect some more history articles!
The Daily Stormer Loses another Lawsuit
On August 9th, Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia ruled in favor of American University student Taylor Dumpson in her suit against Andrew Anglin and other Neo-Nazis associated with The Daily Stormer.1 Dumpson filed the lawsuit last year, after a year of targeted harassment encouraged by Anglin.2 As with the suit in Montana, Anglin and his ilk did not bother to show up to the court hearing.3
If a party to a suit fails to show up or respond for a court appearance, then the court enters a “default judgement.” This does not mean that the other party immediately wins, however, it does make it much easier. The party that shows up only has to prove that their case is “well-plead” and they win.
Dumpson's lawyers were successful in doing this, winning her around three-quarters of a million dollars for lawyer fees and damages. The basis on which they won is interesting. They primarily argued that Dumpson's right to “full and equal enjoyment of places of public accommodation” had been violated by the “troll storm” unleashed by the Neo-Nazis. This is illegal under the District of Columbia Human Rights Act. They also argued that the Neo-Nazis had inflicted “emotional distress” on Dumpson and supported this with affidavits from her therapist. This is also illegal under D.C. law.
From a free speech point of view, there are a few interesting points here. First, the court held that those who participated in the “troll storm,” not just Anglin who orchestrated it, were liable.4 Second, it seems Anglin et. al. decided to abandon any semblance of legal standing. Unlike in the Montana case, they did not even enter a putative First Amendment defense. Finally, the court ruled in favor of “injunctive relief” for Dumpson, granting her the following restraining order:
The Court will enter a restraining order to prevent Messrs. Ade and Anglin and Moonbase Holdings from (1) communicating directly with Ms. Dumpson; or (2) publishing any public statements involving Ms. Dumpson that (a) are defamatory, threatening, intimidating, harassing, or bullying; (b) interfere with Ms. Dumpson’s equal enjoyment of public accommodations; (c) incite unlawful acts; or (d) are otherwise unlawful5
The court ruled that this order was sufficiently limited in scope to not unnecessarily restrict free speech.
I am uncertain if Dumpson will receive any of the money owed her. That was an open question in the Montana case, and Anglin is still in hiding. Still, it must be a relief for her to be vindicated in the courts.
Department of Justice Blocks Report Revealing Extent of White Supremacist Terrorism
RawStory reports that the Department of Justice refused to hand over a report to Congress which showed that all race-based domestic terrorism in 2018 came from right-wing white supremacists. The document is significant as it debunks various right-wing claims about groups like Black Lives Matter and Antifa. Indeed, more than half (25) of the 46 individuals responsible for domestic terrorism that year were white supremacists. This information is not new or unexpected – the Anti-Defamation League put out a similar report a while back.
This gives the lie to the current administration's veneer of caring about free speech. They cannot have an honest conversation on the facts, and so they censor information that would better inform the public.
Russia Responds to Protests with Censorship
The Russian government has asked Google to block “illegal” events on YouTube, which in this case refers to mass demonstrations for free elections.6 These protests have been going on for weeks now, with thousands arrested. In particular, protestors in Moscow were angered when opposition candidates were barred from participating in upcoming city council elections.7
It's unclear if Google will follow through on Russia's demands, though Google has willing done the bidding of authoritarian regimes in the past. For example, it worked on a search engine for China called “Dragonfly” that would have massively increased surveillance on Chinese citizens.8