Moderation Misunderstandings C

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Misunderstanding C –What about my freedom of speech?

I'm speaking here on the basis of U.S. law. Your national standards may vary.

First of all, many folks claim they have a "First Amendment Right" to say anything they want. That's pretty specific. The 1A says basically the government can make no law regulating your free speech. However, TV.com isn't the government, and it doesn't make law.

"Freedom of Speech" is a bit trickier. The UN, for instance, has stated that humans have a fundamental right to free speech.

On the other hand, try going into the UN and asking to speak to the delegates, and claim that your right to free speech lets you do it. Even the most liberal Supreme Courts in U.S. history never let just anyone wander in to their courtroom and say anything they want, any time they want.

So "freedom of speech" can be regulated on public property. What about private property? On private property, owners' rights trump "freedom of speech." Why? Because you can always go somewhere else, including your own private property. No one can stop you from talking: however, they can stop you from talking on their property.

On TV.com, you can't start up your own threads on someone else's blog. You can't go into, say, The Mentalist forum and post a hundred Spongebob threads.

TV.com is private property. They invite guests in, they have them sign the Terms of Service, people agree to abide by it. If you don't follow those rules, TV.com can kick you out.

It's no different then if someone invites you into their house and you start saying stuff they don't like. They're not obliged to let you stay in their house and listen to you. And you can't force them to let you stay claiming "freedom of speech."

So, yes, on TV.com you can't say anything you want, any time and any place you want. The same reason that on your private property, people can't come in and say anything you want, any time and any place they want.

There is a heck of lot that you can say on TV.com, in the proper forum. And even more on your blogs. But even that isn't unlimited.

Anybody who believes in total, unfettered freedom of speech, well, great, I can respect that. Since you feel that way...

Please provide me with your address and house keys so I can come in and talk to you any time you want. Give me your calling card number so I can talk to anybody I want to, any time I want. Send me $100: I have some pamphlets I need to post around town. If you have a web site, give me the passwords and accesses so I can post what I want there, when I want it.

And if you don't do all of this, you're against freedom of speech.

Private citizens and companies aren't required to finance your freedom of speech or provide you with a soapbox. And if they do choose to give you a soapbox, they're allowed to set rules and regulations on when and how you can use that soapbox. That's what TV.com does, that's what most sites do in one form or another.

As far as TV.com, the standards are pretty simple: be nice to each other, be considerate, stay on-topic, and don't do anything illegal.