Hello everyone,
Following the recent discussions on !yepowertrippinbastards@lemmy.dbzer0.com and !lemmyworld@lemmy.world , it seems that people realize that Lemmy.world is subject to European laws, and not the US ones.
This is another event where US citizens seem to be looking for an instance that would adhere to their “legal culture”, the previous one being the US elections, where the topic was discussed everywhere, before getting channeled into !politicaldiscussion@lemmy.world
I don’t know anything about Dutch or Finnish laws, but I’ve seen many recent articles about people arrested in Germany for their social media posts that were considered hateful or violent (which is frankly a culture shock to me as an American), so I can see why some of the posts on Lemmy in the past week would be concerning.
https://lemmy.world/comment/13870047
So, the question is: could Discuss.online become that instance? And host US-focused communities like “AskUSA”, “USPolitics”, “USFinance”, this kind of things?
I am mostly asking because there’s no secret that the DO admins aren’t the biggest Lemmy fans, so would you guys be okay if your instance would get promoted, potentially causing an influx of users and communities, some requiring moderation?
Rather than reply in the deeply nested thread we are in, I’m going to make this a new comment.
I’m also going to say this again as a preface: I am not a lawyer. None of this should be considered legal advice. Seek your own legal counsel.
I think you might be misunderstanding what “free speech” means in the US. The First Amendment protects us from the government making laws restricting what we can and cannot say. For example, I can say “the President is a moron” and face no criminal consequences for doing so.
However, that freedom is not a blanket immunity—it does not protect us from the consequences of our words. Context is everything.
For instance, while no government agency can make a law preventing you from yelling “fire” in a crowded movie theater, if you do so and someone gets injured or killed in the resulting panic, there will likely be legal consequences. You wouldn’t be charged with saying “fire” itself, but rather with knowingly causing a panic that any reasonable person would expect to lead to injuries. Victims or their families could also sue you in civil court.
The First Amendment doesn’t protect anyone not physically located inside the borders of the US or a US-controlled territory. For example, a US citizen vacationing in China wouldn’t be protected for speaking out against the Chinese government.
For those outside the US, it’s also important to note that hosting an instance in the US doesn’t shield you from your own country’s laws, which might differ significantly.
Interestingly, you might find that an instance in another country, such as Germany, would provide stronger data privacy protections. Given how little many US citizens seem to value privacy—continuing to allow our federal government to pass laws enabling warrantless surveillance—other countries may have an edge. (No, I’m not a tinfoil hat wearer. Besides, everyone knows tinfoil is reflective and would just make it easier for them to spot you from satellites.)
That’s my long-winded, sometimes whimsical but mostly serious way of saying: Please stop looking for the line that isn’t okay to cross. This instance exists to foster welcoming, friendly conversations. If you make an honest mistake, you’ll get a warning so you know where the line is.
If you want an instance where you can say whatever you want without any moderation, this isn’t the place.
With that, I’m going to lock this post from further replies because I don’t see how the conversation can continue constructively. If you believe the thread should be reopened, feel free to DM me, and I’ll consider it. Please note that this is for discussing whether to reopen the thread, not for continuing the debate in private.