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In lugnet.off-topic.debate, David Koudys wrote:
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Do the rights of the owners of the private web service trump the 1st?
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Very likely, yes.
Journalists are known to edit interviews and such. The problem becomes one of
who owns the forum versus misrepresenting someone’s views. I’d say that it
might be actionable if someone’s views are savagely distorted and have the
tendency to defame. And I don’t mean plain old name calling, or interpretting
direct quotes -- I am talking about heavily editing or rewriting such quotes.
It could get pretty weird.
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Does the 1st even apply to privately owned bulletin boards?
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Probably not.
The freedom of speech is basically the freedom to protest -- it is the freedom
to not be silenced by the govt in doing so, and we are losing ground on it.
Dave! and I both have linked to stories that show how such freedom is
effectively being destroyed in the interest of “protecting” the U.S. president.
No one cares really. Just us civil liberties geeks.
In/on a privately owned forum the owners have the right of exclusion. I have
been banned from Lugnet for not complying with the TOS. Of course, our hosts
are very generous and obliging, so after I agreed to tone it down I was given my
posting privileges again.
And there’s a sticky issue: rights vs privileges. There’s a huge difference in
my view.
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If the webserver is located in the territory of the US but the poster is not
American, does that ammendment (or any American laws) apply to the poster...
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I’d say no. The poster has the right to create and use his own forum any way
s/he wants to, but the forum of another is the forum of another.
Whereas I have actually tried to broaden the scope of Lugnet once or twice as
regards the “clone” issue, it’s ultimately up to the owners of the site. Some
people have simply created other forums -- even Bricklink is basically it’s own
thing at this point and it has it’s own discussion forum including an
off-topic section. Then again, I see the unfortunate dilution of Lugnet by the
existence of other forums as a bad thing. There’s only so much time in the day,
only so many places I want to make friends online, etc. The time-suck issue.
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And the reverse--if the service is outside the US but the poster is American,
does he have the 1st as a right?
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Nope. But then there’s a very disturbing trend on the part of the U.S. to
pretend that issues of territorial jurisdiction don’t apply to federal law
applied across an international landscape. I mean, consider that Noriega was
tried and convicted in the U.S. Why didn’t he have immunity based on
territorial jurisdiction? What of diplomatic immunity?
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It’s an interesting topic for me, seeing as how I read a variety of NG’s every
day.
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Well, I only ever really read Lugnet, Bricklink, and Slashdot with regularity.
One has to draw the line somewhere in terms of time-suck. What newsgroups do
you read?
For some reason this post reminds me of the “civics-challenged” posters on
Slashdot that continually bring up the 5th and 6th Amendments in relation to
civil cases. I know, I know -- I’m being an insensitive clod!
-- Hop-Frog
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Message has 1 Reply:
 | | Re: The 1st....
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| (...) I read a "Misanthropic Bitch" article once in which she wrote an article for the school paper--the paper's editor edited her article to the point where it stated the opposite of her intent. Maybe I'll try to dig it up. (...) A good topic for (...) (21 years ago, 29-Oct-03, to lugnet.off-topic.debate, FTX)
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Message is in Reply To:
| | The 1st....
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| Here's a topic for your consideration-- I'm reading some other NG's, and there's a hotly debated issue--the NG is privately owned by the web owners, and, as such, they believe they can edit the content of posted messages for language and other (...) (21 years ago, 29-Oct-03, to lugnet.off-topic.debate)
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