Forums vs First Amendment

[wjnwjn]

Does the First Amendment protect you from anything you say on a forum?

Example: If I would talk about someone on a forum about how I do not like them call them several names, idoes the administrator of the forumhave the right to ban me from the site? Do I have any recourse under the First Adm?

Also, does a non-profit organization have a right to suspend someone if they believe the topic is against one of their members? Again, any protection under the First Adm?

 

[NYClex]

First of all the First Amendment does not protect libel. If you badmouth someone publicly and you should know that it is not the truth, you can be held liable.

Second, the First Amendment actually protects speech only against the government. The government may not censor public speech, arrest you for voicing your opinion etc. A private person is not obligated to listen to you on his own property, so if I don't like your talk I always could throw you out of my house.

Now, an internet forum is somehow semi-public. It is hosted by a private entity who bears the cost etc. They have a valid interest and right to exclude behavior that doesn't fit to the idea of the forum. Let's say you run a vegetarians' forum and there is this obnoxious guy who posts 10 postings a day about how great beef tastes and that everyone should eat beef twice daily and so on. He can be kicked off from the forum.

Now, if you make life miserable for people who run the forum or who participate there it is actually your behaviour which is harassment and you might be liable.

 

[Michael Wechsler]

NYClex's post is very good. In addition, you should take a look at the terms of service for the forum. In most instances it is required that you agree to those terms of service in order to use the forum. If you do not, then you will not be able to access the forum. If you agree and then do not abide by the terms which you agreed, you are in breach of the agreement and potentially liable for your actions.

Originally posted by wjnwjn
Does the First Amendment protect you from anything you say on a forum?

Example: If I would talk about someone on a forum about how I do not like them call them several names, idoes the administrator of the forumhave the right to ban me from the site? Do I have any recourse under the First Adm?

Also, does a non-profit organization have a right to suspend someone if they believe the topic is against one of their members? Again, any protection under the First Adm?