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Do you have a right to free speech on private Internet servers?

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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-08-08 01:31 PM
Original message
Do you have a right to free speech on private Internet servers?
NEW YORK — Rant all you want in a public park. A police officer generally won't eject you for your remarks alone, however unpopular or provocative.

Say it on the Internet, and you'll find that free speech and other constitutional rights are anything but guaranteed.

Companies in charge of seemingly public spaces online wipe out content that's controversial but otherwise legal. Service providers write their own rules for users worldwide and set foreign policy when they cooperate with regimes like China. They serve as prosecutor, judge and jury in handling disputes behind closed doors.

The governmental role that companies play online is taking on greater importance as their services — from online hangouts to virtual repositories of photos and video — become more central to public discourse around the world. It's a fallout of the Internet's market-driven growth, but possible remedies, including government regulation, can be worse than the symptoms.

...

While mindful of free speech and other rights, Yahoo and other companies say they must craft and enforce guidelines that go beyond legal requirements to protect their brands and foster safe, enjoyable communities — ones where minors may be roaming.

Dallas News
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-08-08 01:50 PM
Response to Original message
1. If your message/file is being stored on a company's server, then...
...that company has a right to delete it.

But if you're sending a message between servers and a company deletes-or-intentionally-slows your message on its way, that should be treated as an illegal violation of Net Neutrality.

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jpcrecom Donating Member (121 posts) Send PM | Profile | Ignore Tue Jul-08-08 01:52 PM
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2. well, no
The constitution protects your right to speech from the government, not from any private company. You don't, however have a constitutional right to platform (which is what the Internet gives you). If Congress wants to prevent companies from curbing speech, they'd need to amend the constitution.
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Karl_Bonner_1982 Donating Member (701 posts) Send PM | Profile | Ignore Fri Jul-18-08 06:37 AM
Response to Reply #2
3. How about just pass a federal law, would that be enough?
I think that you could pass restrictions on private censorship with a federal law and no Constitutional amendment, right? Or would it be declared unconstitutional in the name of private property rights and free enterprise?
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