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Rackspace Shuts Down Quran-Burning Church's Sites
theodp writes "In response to a complaint, Rackspace has shut down the websites of the Dove World Outreach Center, a small 50-member church which has received national and international criticism for a planned book burning of the Quran on the anniversary of the 9-11 attacks. The center 'violated the hate-speech provision of our acceptable-use policy,' explained Rackspace spokesman Dan Goodgame. 'This is not a constitutional issue. This is a contract issue,' said Goodgame, who added he did not know how long it had hosted the church's sites. Not quite the same thing, but would Kurt Westergaard's cartoons of the Prophet Muhammad also violate Rackspace's AUP? How about Christopher Hitchens' Slate articles? Could articles from one-time Rackspace poster child The Onion pass muster?"
Yeh, and how many civilians in Iraq and Afghanistan have been killed by the US military
Yeh (sic), and how many civilians in Iraq and Afghanistan have been killed by suicide bombers?
Help fight poverty: Punch a poor person.
Ye, and how many suicide bombers have been killed by the US military?
GENERATION O98346: The first time you see this, copy it into your sig and remove a random number from the generation. T
If I own a megaphone, and I don't lend it to you because I don't agree with you, am I violating your free speech rights?
If I falsely scream FIRE in a theater, would I be exercising my free speech rights?
Any sensible person would answer no to both questions. So where is the limit? Murray Rothbard solved this cleanly by pointing out that free speech is not a right, rather, free speech is derived from, and limited by property rights. This is how he explained it in "For a new liberty"
In fact, there are no human rights that are separable from property rights. The human right of free speech is simply the property right to hire an assembly hall from the owners, or to own one oneself; the human right of a free press is the property right to buy materials and then print leaflets or books and to sell them to those who are willing to buy. There is no extra "right of free speech" or free press beyond the property rights we can enumerate in any given case. And furthermore, discovering and identifying the property rights involved will resolve any apparent conflicts of rights that may crop up.
Consider, for example, the classic example where liberals generally concede that a person's "right of freedom of speech" must be curbed in the name of the "public interest": Justice Holmes' famous dictum that no one has the right to cry "fire" falsely in a crowded theater. Holmes and his followers have used this illustration again and again to prove the supposed necessity for all rights to be relative and tentative rather than precise and absolute.
But the problem here is not that rights cannot be pushed too far, but that the whole case is discussed in terms of a vague and wooly "freedom of speech" rather than in terms of the rights of private property. Suppose we analyze the problem under the aspect of property rights. The fellow who brings on a riot by falsely shouting "fire" in a crowded theater is, necessarily, either the owner of the theater (or the owner's agent) or a paying patron. If he is the owner, then he has committed fraud on his customers. He has taken their money in exchange for a promise to put on a movie or play, and now, instead, he disrupts the show by falsely shouting "fire" and breaking up the performance. He has thus welshed on his contractual obligation, and has thereby stolen the property — the money — of his patrons and has violated their property rights.
Suppose, on the other hand, that the shouter is a patron and not the owner. In that case, he is violating the property right of the owner [p. 44] as well as of the other guests to their paid-for performance. As a guest, he has gained access to the property on certain terms, including an obligation not to violate the owner's property or to disrupt the performance the owner is putting on. His malicious act, therefore, violates the property rights of the theater owner and of all the other patrons. There is no need, therefore, for individual rights to be restricted in the case of the false shouter of "fire." The rights of the individual are still absolute; but they are property rights. The fellow who maliciously cried "fire" in a crowded theater is indeed a criminal, but not because his so-called "right of free speech" must be pragmatically restricted on behalf of the "public good"; he is a criminal because he has clearly and obviously violated the property rights of another person.
Rackspace has a megaphone (the web site hosting), they can contract it out to anyone and put ANY terms they want. The other party is free to accept the contract or not. If they do, then they have to meet its requirements, if they don't, then Rackspace property rights have been violated and Rackspace has the right to stop lending its megaphone.