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For Jelly

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Salvatos
Board Member



Joined: 19 Feb 2009

Posts: 449
Location: Québec


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PostPosted: Wed Dec 01, 2010 5:32 pm 
Post subject: Re: For Jelly

Well, regardless of them being free to access or related to paid services, websites are privately owned, and therefore their owner sets their own terms within the limitations of law. Freedom of speech mostly concerns the government and therefore public establishments (as in "not privately owned", not "viewable by the public"), in real life or the Web. It is in place to ensure that the population can voice their opinions on political and religious issues, for instance, without fear of retribution or repression, but it does not imply that you can say whatever you want whenever you want. You still can't force your way into someone's house claiming that it's your right to talk about anything wherever you want and that they can't throw you out.

Similarly, corporate bodies have the right to decide under what terms they will provide their service to you and can refuse service if you do not play by their rules. As such, if they consider your language or actions to be disruptive to business or otherwise counterproductive, it is their right to prevent your access to their premises. The fact that they let everyone in, unlike a private home, does not change the fact that they own the place and ultimately decide who gets to stay and who has to leave.

Now as to whether you agree with a particular forum's rules and rule enforcement is a whole other story... I don't like forums that prevent me from saying my opinion about subjects that are part of the themes they discuss either (on the other hand I totally understand those who want to keep certain topics at bay, religion being a common example). Just keep in mind that it's their property, therefore their rules.
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Acaria
Board Member



Joined: 20 Feb 2009

Posts: 238



PostPosted: Wed Dec 01, 2010 7:48 pm 
Post subject: Re: For Jelly

Methen wrote:
But in my opinion any site or for that matter any place that is open to the public regardless of who owns it should by federal law automatically give up that right to censor someone's freedom of speech.


  1. That only applies to sites run from America. A lot are out-of-country, meaning they are subject to their country's laws. Some may differ greatly.

  2. If they are American, they cannot stop you from speaking. You're free to say whatever you want in whatever fashion you so choose. However, they have more than enough right to punish you for whatever you said. "Freedom of speech" doesn't mean "I can say whatever I want and can never get in trouble for it."

    If you state "I have a bomb on me." in an airport, they can punish you in as grand a fashion as they choose. You'll likely be charged with many counts of injustice, but you'll never see anything relating to you actually saying it. It's only what you said that matters. Same as if you go up to a woman and say "Hey, nice tits." They can sue you for what you said, but not for actually saying it.

  3. Even public-access forums can have all the rules they want governing punishments for stating certain things. They can apply word censors because they may want to keep their site at a certain age-rating, despite the work of trolling adults. They can ban you for posting derogatory comments, just as a park might if they see you spray-painting racial slurs on a wall. Even just making your account unable to post is legal. Sure, you can no longer speak on their site, but you can on any other you choose without judicial impediment.


So please, before you go spurting off about how the Bill of Rights is some divine protectorate of your unalienable rights, actually learn how the laws work.


@Sylver Cheetah 53 You are very ignorant. It disheartens me that it has taken so long to reply, and as such I won't go into great detail how I truly despise the kind of person you present yourself as. I'm under the overwhelming impression that you are exaggerating the situation, as Dave has done far more supportive things than you to instantly warrant my distrust of his honor. I highly doubt he would have attempted to assert some kind of dominance over you and then say you can leave after deliberately entering into a controversial topic with you, unless you played some role in exasperating the situation.
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lumpy burgertushie
Board Member



Joined: 18 Nov 2008

Posts: 266


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PostPosted: Fri Aug 17, 2018 5:57 pm 
Post subject: Re: For Jelly

I know I am dredging up an old post, however:

Quote:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


that specifically says that congress can not pass a law abridging your freedom of speech.
it does not say anything about what freedom of speech means. it does not say anything about your right or lack thereof to speak your mind in public or private etc. etc.


it simply says that the congress can not pass any laws that restrict your right to speak your mind.

as far as I know they have never done that.

so, If I own a board like this and I don't like what you say, I can censor it, delete it, ban you, etc. etc. and I am not violating the 1st amendment in any way whatsoever.

just to clear that up.

robert
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