https://en.wikipedia.org/wiki/Censorship
The criminal co-opting of networks and nodes on those networks is not speech by any definition.
https://en.wikipedia.org/wiki/Censorship
The criminal co-opting of networks and nodes on those networks is not speech by any definition.
I'm either misunderstanding what you're saying, or it doesn't make sense. If a bunch of people take signs (with legitimate messages, free speech) and hang them off a bridge over the highway (causing accidents), then those people go jail. The fact that their message is free speech is irrelevant. The source of the message is being punished/jailed, not the message.
Am I mis-representing your statement?
To put it another way: if someone steals my car and uses it to rob a bank, even if that car is now evidence in a criminal investigation, it's still my car. The police have every right to confiscate it from the thief—it's not their car—but that doesn't mean that it suddenly belongs to them; it belongs to me. In both this case and the above case, I have a right to not be unduly punished for the actions of an unrelated third party (by having my website taken down; or by having my car permanently confiscated, respectively.)
The context here is very similar to a story that was on HN just yesterday (https://news.ycombinator.com/item?id=21671579). Banning a site from the internet for happening to be MITMed by China is very similar in its ethical implications to banning a site from the Internet for happening to have a domain-name that fits a pattern used by a botnet.