Similarly, if a person or organization in the United States is silenced because they were deplatformed by a corporate oligarchy, it's ridiculous to argue "the US doesn't have any law which prevents that, so Free Speech has not been violated".
Free Speech has absolutely been impinged by this decision.
Cloudflare isn't preventing anyone from saying anything. All that is happening is Cloudflare is using it's freedom of association not to associate with this website. This has nothing to do with 8Chan's ability to publish what they want - only their ability to use Cloudflare's services to do so. As the article mentions - because the US has the principle of Free Speech enshrined in law, 8chan has the ability to go and use other services, or to develop the services that Cloudflare provided. This will not impact 8chan's ability to publish whatever they like.
Now there is a theoretical point of view, that if a company has a monopoly - it is effectively able to police speech, but that's absolutely not the case here, as is demonstrated in the past by companies going elsewhere to exercise their right.
What is being proposed as an understanding of Free Speech is not allowing private individuals from refusing to service to you. This would seem to be mandating someone to act - which is a principle quite far away from any law I've heard of.
Now maybe we're not quite at that point yet (after all, the Daily Stormer did eventually find a CDN that would take them), but we may very well be getting close; there are only so many CDNs big enough to effectively shrug off large-scale DDOS attacks after all.
You also have to consider how difficult it is to match the quality of service provided by Cloudflare, and the hassle involved in switching to a new CDN. Cloudflare's refusal to service some organizations on the basis of ideology might have a chilling effect on Free Speech, even if it's not an insurmountable barrier.
I agree there is a balance between Freedom of Speech and Freedom of Association. The question is: where do we draw the line?
Some of you are so dense. Free speech is about not being dragged off in the middle of the night and sent to a gulag.
There’s no fine line here, no slippery slope. Everyone on 8chan is free to continue publishing whatever they want. It just won’t be published over a high availability CDN. It also won’t show up in Times Square.
No, it hasn't. No one has a moral, legal, or ethical responsibility to pay for someone else's speech. The government must tread lightly, but private individuals are under no compulsion to listen to others. 8chan is NOT having their speech rights infringed, they are simply having a business agreement terminated. They are still 100% free to create a website somewhere else, write a book, or protest in the streets.
Do not confuse private property (Cloudflare's servers) with the public square.
For some of these entities, such as CDNs with enough infrastructure to stand up against large-scale DDOS attacks, there may only be a small number of viable options. What happens if all of those companies collectively decide to censor someone? You've effectively created a corporate oligarchy with the power to decide what sort of speech is and isn't allowed on the internet.
Now again, maybe we're not quite at that point yet (after all, the Daily Stormer did eventually find a CDN that would take them), but we may very well be getting close. You also have to consider that even without a true oligopoly; there's still a chilling effect created when a large percentage of the internet's major infrastructure providers collectively decide to censor certain speech on the basis of ideology.
At what point do you believe freedom of speech outweighs freedom of association? We've already decided freedom from racial discrimination trumps freedom of association, so it's not like this sort of thing would be entirely without precedent.
There's also no public square in magazines, newspapers, radio, TV, libraries aren't required to stock your book, nor book stores, no one has to lease you space for a store, etc. You have the right to speak, no one has an obligation to listen or pay attention. No one has an obligation to help you speak, etc. That's what I mean when I said, "do not confuse public square with private property." Just because everyone watches TV and uses the internet does not mean anyone has a RIGHT to express themselves there.
A CDN isn't necessary. It's a convenience for end users. You don't need a CDN to prevent DDoS. In fact having a CDN is probably the most expensive way to handle DDoS.
I also think there's a lot more nuance to this situation than you seem to be implying. I very much doubt there are a significant number of people ("right wingers" or otherwise) who believe property rights are the most important concern in all situations, nor are there many who believe in an absolute right to Free Speech at any cost. (The constitution itself allows for narrow exceptions for both of those rights.)
