Stated clearly, Code of Conduct bans against the general public go against free speech. There are very few Code of Conduct actions that are legally justifiable as in acts of terrorism, violence, hate speech, or suggestion of any of them or related. Beyond that various things could be seen as free speech rather than harmful conduct. Given the lines here are very blurred. Given the FACT Gentoo is a non profit, which operates in the public interest, to serve the general public. Thus receiving a special status. It has obligations to the general public it must uphold. Any sort of restrictions or limitations placed against members of the public go against the fundamental principle the US was founded on, Free Speech. CoC is mostly for those officially associated with Gentoo, developers, staff, trustees, officers, etc. It has NO application to the general public. It is one thing to expect those who are officially associated with a project to be upheld to some standard of conduct. This does not apply to the general public. They can act how ever they like. That is part of Free Speech. Provided they are not engaging in acts of terrorism, violence, hate speech, etc. Speaking negatively, pointing out deficiency, problems, airing grips, off topic rants, spam, etc, all of that falls under Free Speech. You may not like it, but you cannot place restrictions on such. Not as long as Gentoo is a US Non Profit. Gentoo being a non profit foundation. Anyone in the general public should be able to be publicly critical of the foundation activities without retribution. Or their conduct as being seen in violation of a code of conduct and some ban put in place. Which removes their voice and suppresses their right to free speech.... Anyone who believes in democracy or claims to, like those who were elected to council or foundation. Should care about free speech. They go hand in hand. You cannot have a true democracy without free speech. I am going to give all involved parties, Trustees, Council, and Comrel time to resolve this matter internally. Before I escalate the matter. If Gentoo does not take action within to self correct. I will bring this to the attention of the state of New Mexico, New Mexico public servants, and the New Mexico ACLU. Free Speech is very important in the US. Gentoo is not a club or other non profit that only exists to serve its members. Gentoo has an obligation as a US Non Profit to the general public.
This needs to be made publicly visible. I can file a new bug if need be. Otherwise please make this visible. I will be providing this to 3rd parties. Having this restricted will only make things worse for Gentoo. It will seem more like hiding something, restricting free speech, criticism. Thank you!
I don't know if the Foundation needs to protect "free speech" on its resources, but I would expect it to enforce any code of conduct very fairly and not use it as a weapon to silence those who are critical of various aspects of the project. This limits the ability for members to provide very important feedback to the Foundation. I should also add that for legal reasons it is probably necessary for the Foundation to oversee ComRel because as it currently stands, ComRel is infringing on the ability of Foundation members to properly participate in Gentoo.
User filed restricted bug and then complained that it's restricted. Un-restricting.
Removing council@ from CC
There is no free speach on privately run lists.
removing from cc instead of closing
Although in the Gentoo Community Relations team opinion this is a Gentoo Council issue as the Code of Conduct was approved and any changes need approval by the Council, we're closing this bug as they've decided this isn't a council issue[1]. In any case, it is the opinion of the Gentoo Community Relations team, that free speech doesn't apply to Gentoo's mailing lists. [1] - https://projects.gentoo.org/council/meeting-logs/20180513-summary.txt
