Usually it’s just called being a business. Outside of safeharbor eligible businesses you’re responsible for everything in your business.
If I walked into a Cafe and posted a meet up notice for an overtly offensive neonazi club the Cafe would be potentially liable for any damage if it failed to remove the notice in a reasonably timely manner.
If I walked into a Cafe and posted a meet up notice for an overtly offensive neonazi club
…
And what liability would there be in this instance? You realize that an overtly offensive neonazi club is legally protected free speech, and that even if Jewish patrons were deeply offended by the posting, it wouldn’t mean that they had been ‘harmed’ under civil law, right? If the owner of the cafe had a policy allowing all flyers to be posted that didn’t violate the law, then Jewish (and gay, Romani, etc.) employees would have a hard time arguing that the cafe, as a place of employment, was engaging in harassing speech, religious discrimination, etc.
On the other hand, what the cafe would be liable for is the loss of business that would likely occur when patrons discovered that the owner was okay with overt nazis hosting meetups at the cafe. The rights of the owner to allow offensive speech doesn’t mean that they also have the right to the business of their patrons.
Usually it’s just called being a business. Outside of safeharbor eligible businesses you’re responsible for everything in your business.
If I walked into a Cafe and posted a meet up notice for an overtly offensive neonazi club the Cafe would be potentially liable for any damage if it failed to remove the notice in a reasonably timely manner.
…
And what liability would there be in this instance? You realize that an overtly offensive neonazi club is legally protected free speech, and that even if Jewish patrons were deeply offended by the posting, it wouldn’t mean that they had been ‘harmed’ under civil law, right? If the owner of the cafe had a policy allowing all flyers to be posted that didn’t violate the law, then Jewish (and gay, Romani, etc.) employees would have a hard time arguing that the cafe, as a place of employment, was engaging in harassing speech, religious discrimination, etc.
On the other hand, what the cafe would be liable for is the loss of business that would likely occur when patrons discovered that the owner was okay with overt nazis hosting meetups at the cafe. The rights of the owner to allow offensive speech doesn’t mean that they also have the right to the business of their patrons.