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To sue an online forum

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fedoraman

Junior Member
Hi,

I participate on an online forum where I get thrown out often for raising opinion on sensitive issues in an absolutely civil manner. I strongly feel it offends my right to express. They also do not approve my registration as a new user based on my IP.

I would like to sue the forum but I am confused about the jurisdiction. With the help whois.net, I gather that the service provider of this forum is godaddy.com but the administrator of the forum is registered in another country.

Could you please tell me how to go about it?

Thanks
 


>Charlotte<

Lurker
You don't have rights of "free expression". The site owners make the rules and are perfectly free to censor your comments or ban your IP.

You have no case.
 

fedoraman

Junior Member
Why not? That doesn't make sense.

Its like saying I can't speak things in a civil way however sensitive the issue maybe. Is it not affecting my constitutional right?
 

fedoraman

Junior Member
Yes Sir.

I got the following information from a link in the article which you sent me :

"In a 9-0 decision, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, a decision which struck down portions of the 1996 Communications Decency Act, a law intended to outlaw so-called "indecent" online communication (that is, non-obscene material protected by the First Amendment). The court's decision extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet. Congress tried a second time to regulate the content of the Internet with the Child Online Protection Act (COPA). The Court again ruled that any limitations on the internet were unconstitutional in American Civil Liberties Union v. Ashcroft (2002).
In United States v. American Library Association (2003) the Supreme Court ruled that Congress has the authority to require public schools and libraries receiving e-rate discounts to install filters as a condition of receiving federal funding. The justices said that any First Amendment concerns were addressed by the provisions in the Children's Internet Protection Act that permit adults to ask librarians to disable the filters or unblock individual sites. "
 

>Charlotte<

Lurker
No, read it again carefully.

The first amendment addresses government restrictions. "Congress shall make no law..."

The site to which you refer is privately owned. Think of it as being in someone's house. If I walked into your house and said something you found offensive, how would you respond if I told you you had no right to kick me out? Of course you have that right. You can kick me out whether I say something offensive or not. You don't need a good reason. You don't need a reason at all. It's your house.

It's their site.

You have no case.


PS--I'm not a "sir", but thank you very much for being polite.
 

CSO286

Senior Member
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.
Exact language of the amendment.

OP--your issue is that the forum doesn't like what you are saying. They can ban you, censor you, ban your IP or what ever. It's their forum.

T oaddress your Freedom of speech argument: Has Congress made a law prohibiting your from exercising your right to free speech on this forum? No. The owners of the forum are completely withing their rights to limit the info/opinions expressed on the forum.
 

fedoraman

Junior Member
Lets put it this way. There is an exclusive bar which plays music of Bob Dylan and attracts his fans.

I go to the bar. Enjoy the music. I tell the bartender, 'well, he is a genius. But you know what? I don't like his voice'.

The bartender refuses to serve me drinks and will not let me into his establishment ever.

Do I have a case?
 

>Charlotte<

Lurker
Nope. It's his bar.

In fact, you're very likely to find, somewhere in the bar, signage that says something along the lines of "This establishment reserves the right to refuse service to anyone".
 

Mass_Shyster

Senior Member
Lets put it this way. There is an exclusive bar which plays music of Bob Dylan and attracts his fans.

I go to the bar. Enjoy the music. I tell the bartender, 'well, he is a genius. But you know what? I don't like his voice'.

The bartender refuses to serve me drinks and will not let me into his establishment ever.

Do I have a case?
Nope.

Freedom to contract clause.
 
Why not? That doesn't make sense.
It's their servers. Their bandwidth. Their website. Their rules.

Not the best analogy, but try looking at it this way:

You have an acquaintance in your home, at your invitation. On the condition of entering your home, the acquaintance must abide by a set of rules ~ including a limitation on what topics can be discussed.

Said acquaintance begins discussion on a topic that is, by the rules clearly (similar to the ToS at forums) set out beforehand, verboten. Said acquaintance won't refrain from diverging onto said undesired topic, no matter how many times you ask them to cease. Finally, you are exasperated and ask said acquaintance to leave.

Said acquaintance then attempts to don disguises and re-enter your home.

Does this analogy make the situation clear?

Is it not affecting my constitutional right?
Does the phrase "your rights end where their nose begins" mean anything to you? :rolleyes:

You have NO constitutional right to be an arse or otherwise break the stated rules in either a personal home or a website.

However, since the hosts are paying for the use of said home or website, they do have the constitutional right to kick your arse out.
 

>Charlotte<

Lurker
I know it's hard to wrap your head around, after many years of believing and hearing otherwise. People misinterpret the U.S. Constitution all the time, and I'd guess the great majority of people misinterpret the First Amendment as you do. My personal favorite is that we don't actually have a right to a jury of our "peers".

But now you understand something that the great majority of citizens don't.
 
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