Private Internet Forums and Free Speech

[Michael Frantz]

My question involves civil rights in the State of: Virginia.

I own a game store in virginia.

We have a forum that is open to the community of players who patronize and play various games in our store.

Our game store is marketed and run as a family, friendly, PG, game store.

I was recently challenged because the tone of a particular group of gamers, 2 or 3 individuals is aggressive, belittling, often nasty, and is leading to people not wanting to play at our store.

I very politely chimed in on the forum and pointed this out:

I understand that we are all competitive gamers and we all have opinions some of which we get passionate about.

How we communicate those opinions and our personalities on a text based forum and in person in the store demonstrates what kind of men (people) we are.

Antagonistic posts and retorts/replies intended on insulting someone, calling names, chiding them for crying, whining, as well as ongoing negative posts about the game community that you are in or the game you are playing is not what this forum is for.

It damages the community, it damages the person it’s directed at; it undermines the very foundation of a fun loving and competitive gaming environment.
Posts that contribute to the fun, to the growth of the community and the comradrie at STORE NAME es are the only ones allowed.

We are responsible for what we write and the words that come out of our mouths.

This is not a public forum.

It belongs to STORE NAME and we lend it to gamers to use to grow and engage in conversation that grows and assists the gaming community it’s dedicated to. These forums nor our store is a place for any gamer to be aggressive, nasty, or rude to any other gamer.

Some of our competitors have allowed negativity and anger and hostile gaming attitudes to prevail on their forums and in their stores and this has cost them dearly. It has driven away some of their patrons who have taken refuge at the STORE to avoid those types of things. We will continue to be a shelter for gamers who want to enjoy gaming without being subjected to negativity, harassment, or game play that seems more like a brawl than fair play gaming.

The Courtyard Rules are hanging on the wall in the store. The forum policies are also clearly posted. If you are unable to follow those policies, if you want to jam your point home at someone else, if you want to insult someone because you can't stand them or they irritated you by a previous post; please exercise restraint. We will not allow posts on the forums to remain that break those rules nor allow attitudes in the store to remain there that break those rules.

We will handle each situation as fairly as possible. I will gladly get involved (and have done so before) to help people who truly have an issue with another and want to work it out. If you do not want to work out, can't get past your ego, your anger, and feel like you have to be this way...then I hate to put it out there but I want to be clear and I want everyone to understand...you will not be welcome at STORE NAME or on our forums.

We are absolutely committed to a FAMILY, FRIENDLY GAMING VENUE. That means my 12 year old daughter should be able to walk into the store and enjoy herself, enjoy any part of the store and everyone in there should be able to handle themselves in a manner befitting her company. She should also be able to come into these forums and read about her favorite game system and get involved in a community that supports that game system without being subjected to or having to watch someone else ridiculed by scorn, anger, and emotional detritus.

A mother who is checking out this forum for her teenage son who wants to play 40K at our tables should not be subjected to forum posts that make her go...WOW, I don't want my son anywhere near that place.

That is what STORE NAME has stood for since we opened.

That is what we will continue to stand for until the day we close.

You are welcome to be a part of this growing community...but those are the rules.

The answer was I am not being obscene and you can't tell me what to say this is the US and Freedom of Speech!

Am I wrong? Where can I find case law or precedence? I may need to ban/remove these people from my forum.

[BOR]

The answer was I am not being obscene and you can't tell me what to say this is the US and Freedom of Speech!

Am I wrong? Where can I find case law or precedence? I may need to ban/remove these people from my forum.

You answered the Q yourself, it is a PRIVATE forum.

While the 1st AM can bind a private entity at times, very fact specific, your facts are not one of them.

I greatly assume the VA constitution's free speech clause, if they have one, did not check, is also NOT applicable to you.

Unless the entity is public, it is extremely UNlikely the entanglement doctrine of a private entity becoming a state actor would occur.

[Michael Frantz]

Thank you I just wanted to make sure.

[LawResearcherMissy]

Concur with BOR.

We have the same rules here - follow 'em, or find boot applied to butt in short order, and doubly short if you start squawking about your First Amendment rights.

Consider this: Your internet forum is much like your own living room. It's your property, you own it, and those you share it with are there at your pleasure.

Just as you may remove those from your actual living room that do not please you, so you may remove those from your forum that do not please you. You simply do not have to tolerate bad behavior on your private property.

[Michael Frantz]

Thank you also.

[BOR]

You are welcome. The US SC in Marsh v. Alabama decided that the 1st AM can bind a private entity.

Other rulings may be centered on state constitutions, see Pruneyard v. Robbins.

If the private entity is a "public fora", it may be bound by the 1st AM, again very fact specific, see:

http://caselaw.findlaw.com/us-6th-circuit/1033262.html

In your case, you can ban who you wish as long as it is not for a discriminatory reason, race, color, etc.

Concur with BOR.

Your check is in the mail.