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Can I Sue a Forum for Violating Freedom of Speech

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  • 03-10-2012, 01:56 PM
    fstep
    Can I Sue a Forum for Violating Freedom of Speech
    My question involves business law in the state of: NY

    if i can what damages can i realistically sue for?
  • 03-10-2012, 02:07 PM
    justtoonice
    Re: Can I Sue a Forum for Violating Freedom of Speech
    This comes up occasionally on another (non-legal) forum I belong to. I am not a lawyer. But look at it this way. Nobody owes you a space, or a printing press, or a website in which to speak your mind.
    You are free to provide your own space, or hire a printer, or create your own website to speak your mind. If anyone wants to listen to you, you've got your audience.
  • 03-10-2012, 02:09 PM
    cbg
    Re: Can I Sue a Forum for Violating Freedom of Speech
    The law prohibits THE GOVERNMENT from restricting your speech ABOUT THE GOVERNMENT. There is nothing in the first amendment granting you a guaranteed right to say whatever you like on an internet forum.

    No lawsuit for you, I'm afraid.
  • 03-10-2012, 02:12 PM
    Riply
    Re: Can I Sue a Forum for Violating Freedom of Speech
    The bottom line is the forum is owned by the website owner. It's his/her house. You act according to the rules of the house.

    If you're in his/her house and violate his/her rules, you'll be shown the door. There is no free speech in his/her house.

    You are not free to yell "fire" in a crowded forum.
  • 03-10-2012, 02:20 PM
    fstep
    Re: Can I Sue a Forum for Violating Freedom of Speech
    but if they don't enforce it equally for everyone?
  • 03-10-2012, 02:28 PM
    cbg
    Re: Can I Sue a Forum for Violating Freedom of Speech
    They don't have to enforce it equally for everyone. If they don't want to let you post, they don't have to let you post.
  • 03-10-2012, 02:48 PM
    Dogmatique
    Re: Can I Sue a Forum for Violating Freedom of Speech
    How many times is he going to ask this question?!
  • 03-10-2012, 03:07 PM
    cbg
    Re: Can I Sue a Forum for Violating Freedom of Speech
    Until someone gives him the answer he wants, would be my guess.
  • 03-10-2012, 03:15 PM
    Riply
    Re: Can I Sue a Forum for Violating Freedom of Speech
    I'll bite. I owe you all one from a really big screw-up on another thread.:wallbang:

    YES, you CAN sue the forum. Make sure you serve the Summons and Complaint via opening a new thread and have the Forum Moderator or Administrator sign the Certificate of Service, then electronically file that with the Clerk of the Court via email along with an electronic facsimile of the instrument of payment for the appropriate fees.

    Please be sure to hand-deliver a copy directly to the website (if you can find the physical address).
  • 03-10-2012, 04:59 PM
    LawResearcherMissy
    Re: Can I Sue a Forum for Violating Freedom of Speech
    You are not free to speak wherever you please.

    If you act like a moron in my living room, I have the absolute right to bounce you out on your ass. Think of a forum as the owner's living room. The same thing applies.

    You seem to have a fundamental misunderstanding of the rights the First Amendment provides. CONGRESS shall make no law, but I can set and enforce - or not, as it pleases me - any rules I want for any forum I own/administer.
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