
Mailchimp has terminated Stefan Molyneux’s account - PKop
https://twitter.com/nandoodles/status/1217118090753986561
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DataAF
Doesn't this open Nandini Jammi up to a Tortious interference lawsuit?

Sounds like Stefan and Mailchimp had a business arrangement and she's now a
third party interfering with it (and bragging on twitter).

[https://en.wikipedia.org/wiki/Tortious_interference](https://en.wikipedia.org/wiki/Tortious_interference)

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gdulli
I can't imagine a situation where MailChimp is legally prevented from
enforcing its own terms of use just because a third party pointed out the
breach. Think of how exploitable that loophole would be.

~~~
DataAF
I can't imagine that either, but this isn't a case between Stefan and
Mailchimp, this is a case between Stefan and Nandini in Tort Court where the
requirements are much lower:

1\. The existence of a contractual relationship or beneficial business
relationship between two parties. Stefan is on mailchimp

2\. Knowledge of that relationship by a third party.

3\. Intent of the third party to induce a party to the relationship to breach
the relationship. Tweet:
[https://twitter.com/nandoodles/status/1216903968439357446](https://twitter.com/nandoodles/status/1216903968439357446)

4\. Lack of any privilege on the part of the third party to induce such a
breach. This is on Mailchimp's TOS

5\. The contractual relationship is breached. Tweet:
[https://twitter.com/Mailchimp/status/1217073200414306304](https://twitter.com/Mailchimp/status/1217073200414306304)

6\. Damage to the party against whom the breach occurs. This remains to be
seen

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duskwuff
You are inappropriately equating the termination of a contract with a breach
(= a violation) of the contract. The Mailchimp terms of service allow the
company to terminate the contractual relationship at any time [1] -- they did
not breach the contract by choosing to terminate it.

[1]: [https://mailchimp.com/legal/terms/](https://mailchimp.com/legal/terms/)
\-- "3\. Closing Your Account: You or Mailchimp may terminate the Agreement at
any time and for any reason by terminating your Mailchimp account or giving
notice to the other party."

~~~
DataAF
Good catch. Mailchimp has better coverage in their TOS than most I've looked
at.

~~~
duskwuff
Better? Not unusually so. Unconditional termination clauses are standard
practice; most terms of service will include something to that effect.

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neekleer
I can see why people would have a strong dislike of Molyneux, but I think
cancel culture is now targeting people that are not that extreme.

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corporate_shi11
This is an attack on free speech.

"Just use a different service!" people will say. Great, until other services
also terminate your account.

Yes these are private companies, but a very small number of them have
tremendous control over what people see and hear online. The ideal of free
speech overcomes the ideal of private corporate autonomy for me, and I believe
it does for most.

The nature of social media and online services requires we rethink regulation.
People should not be kicked off of platforms and services unless they are
using those services to break the law.

~~~
dangus
“Free speech” is a constitutional concept that defines how the _government_ is
allowed to interact with citizens.

Freedom of speech does not exist for private institutions and companies.

I would direct anyone who has a problem with this to the Mailchimp terms of
use and acceptable use policy, which state:

> Mailchimp may refuse service, close accounts of any Members, and change
> eligibility requirements at any time.

Additionally, here’s a link to the acceptable use policy, which excludes a
number of generally legal but undesired uses:
[https://mailchimp.com/legal/acceptable_use/](https://mailchimp.com/legal/acceptable_use/)

In my mind, extremist views don’t need to be defended by businesses and
companies. In fact, refusing service to those extremists is a great way to
moderate our society. A great way for Stefan to not get kicked off of
platforms would be to stop spreading white supremacy.

To give you an identical analogy, if a couple of people told the bartender
that I was harassing and hitting on them, the bartender could kick me out of
the bar. I don’t have a right to a trial or due process. I don’t have the
right to explain myself or present evidence. I have to accept that. But
generally, that won’t happen to me if I just act like a well-adjusted human
being.

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boutad
Free speech is a principle. The first amendment states that the US government
shall not violate this principle. The principle and the amendment are separate
things.

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GaryNumanVevo
Hate speech is anti-free speech as a principle. Hate speech, which Moleyneux
is known for, is actively trying to step on the free speech of others.

~~~
corporate_shi11
"Hate speech" is one of the most abused terms in political discourse today, so
often being used by people as a mere political cudgel.

Ignoring that for a moment, how is Moleyneux preventing others from reaching
an audience, which would be the definition of stifling speech? It seems the
only groups actually responsible for doing that are the social media companies
so fond of deplatforming people because of either capricious and arbitrary
enforcement of standards or public pressure campaigns.

Why don't you just come out and admit it: you don't like what Moleyneux has to
say, and you are happy he is being deplatformed. Simple as that.

I don't like what Moleyneux has to say either, but capricious deplatforming
makes a mockery of free speech.

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iron0013
[https://mailchimp.com/legal/terms/](https://mailchimp.com/legal/terms/)

Seems pretty clear cut to me. SM was in violation of the Mailkimp TOS. I don’t
get why this is newsworthy though?

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bufferoverflow
Which term did he violate exactly?

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nif2ee
Cheap-shots like this are the only cheap thing you can get from a company like
Mailchimp

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bufferoverflow
Terminated based on a false f###ing allegation. No checks, no verifications,
nothing. All you need to know about doing business with MailChimp.

