Results 1 to 8 of 8
  1. #1
    Join Date
    Jun 2011
    Posts
    5

    Default Misuse of Rights

    This is my second try to get some answers reagarding rights and execising those rights. I did this on another forum but soon realized I didn't have it together all that well to communicate. Let me try again.

    It was something that happened to me at a Christian Forum. I was ebanned.
    Here's the problem with this. My thread was called "Let's talk about Hell". My opening statement was I think perhaps the best thing I'd ever written. It was a description of an eternity in Hell. Very chilling I must say. One of the commenter's wanted to take it to her church and share it with the congregation, to scare people into salvation I guess, don't know.

    I came to understand that they have a rule for no debating. I did not realize that at the time. It was my fault for not reading the rules properly. And had I realized this rule I would have never entered the site. The fact that they ebanned me from their site is not what I am mad about. What I consider the injustice is that they deleted all that I wrote and did not give me any warning whatsoever. It is not the deleting that is the problem either, they had that right to do that since I broke the rule of debating on their site. But had they come on and told me I was violating a rule and warned me to leave or they would delete the thread, then I would not be writing this. But I recieved no warning at all, no notice of the coming deltion, nothing. Just poof, my writings were gone. I aslo have gotten no cooperation to retrieve the thread to use for my own purposes.

    But again, I have no problem understanding their right to do that, it's private site and they can do with my posts and threads whatever they choose. Beleive me, I got that. My question is about their motive to do this acton and whether or not it constitues "foul play" on their behalf to censor me by using their "right" to ebann me and delete my thread.

    Here's why. My thread, to put it as modestly as I can, was extremely threatening to their beliefs and shook them up quite a bit, that was very obvious in the thread. The thread is not available, I've tried all I can to retrieve it from Google as has been suggested to me many times, but it is simply gone, no where on this earth. Only fragments I get from Google. But if I could find it, there would be no doubt in anyone's rational mind, that they deleted it out of protection of their belief. They did not do this action becasue I broke a rule, they did not do this action becasue they had the right to do so, they did this action becasue they did not want this sort of message out there for people to read. I guarantee it.

    And again, I totally realize that they have the absolute right to do this. But think of it this way via this analogy. In many states, New Mexico included I believe, it's law that one has the right to shoot and kill someone for tresspassing on their land, is that not right? However, the shooter I'm sure would be investigated, and I am sure the law would have to make sure the shooter had good reason to shoot, even in the case of tresspassing. If the trespasser had merely mistaken his or her path, and the shooter was found out to have shot just out of pure hate and meaness, then I would imagine the shooter could be prosicuted or at least sued by family members of the victum for duress or whatever they call it. Is that correct?

    So in turn, if it could be proven that the forum I was on, maliciously and intentionally ebanned me and deleted my thread for the sole purpose to censor what I was saying, and it could also be proven that their intent to do these actions had nothing to do with the rules of their site, but that their sole intent was to censor me. Would I have a case for say something like "misuse of privilage" or something like that? Call it whatever.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Misuse of Rights

    No, you would not. You have no legal remedy in any U.S. State.

    Move on with your life.

  3. #3
    Join Date
    Jun 2011
    Posts
    5

    Default Re: Misuse of Rights

    Quote Quoting Mr. Knowitall
    View Post
    No, you would not. You have no legal remedy in any U.S. State.

    Move on with your life.
    Are you sure about that? Perhaps you could quote me the exact law? I would be very grateful sir.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Misuse of Rights

    If you want an exposition, search case law on sites like LexisOne and Google Scholar or hire a lawyer. I'm not going to waste my time trying to prove that there's no legal authority that would support such an entirely frivolous legal claim.

  5. #5
    Join Date
    Jun 2011
    Posts
    5

    Default Re: Misuse of Rights

    Quote Quoting Mr. Knowitall
    View Post
    If you want an exposition, search case law on sites like LexisOne and Google Scholar or hire a lawyer. I'm not going to waste my time trying to prove that there's no legal authority that would support such an entirely frivolous legal claim.
    Now Mr. Knowitall, it's your job to help us out, I'm not sure you are doing your job here. aren't you afraid of being fired?

  6. #6

    Default Re: Misuse of Rights

    Since everyone here is a volunteer...no, he's not.

    Quote Quoting Danny Heim1
    View Post
    So in turn, if it could be proven that the forum I was on, maliciously and intentionally ebanned me and deleted my thread for the sole purpose to censor what I was saying, and it could also be proven that their intent to do these actions had nothing to do with the rules of their site, but that their sole intent was to censor me. Would I have a case for say something like "misuse of privilage" or something like that? Call it whatever.
    No. They have the absolute right to censor and ban, for ANY reaon, or NO reason. If you paid fees, dues, or other monetary consideration in exchange for access to the site, you might normally be able to sue for a pro-rated portion of that money back - but in your case you'd have an uphill battle, because you admit that you violated their rules. From now on if you write something that you want to keep copy of, then make yourself a copy instead of just turning it over to any third party. (It could just as easily have been lost in a disk drive crash, and you'd STILL have no case).

  7. #7
    Join Date
    Jun 2011
    Posts
    5

    Default Re: Misuse of Rights

    Quote Quoting aardvarc
    View Post
    Since everyone here is a volunteer...no, he's not.



    No. They have the absolute right to censor and ban, for ANY reaon, or NO reason. If you paid fees, dues, or other monetary consideration in exchange for access to the site, you might normally be able to sue for a pro-rated portion of that money back - but in your case you'd have an uphill battle, because you admit that you violated their rules. From now on if you write something that you want to keep copy of, then make yourself a copy instead of just turning it over to any third party. (It could just as easily have been lost in a disk drive crash, and you'd STILL have no case).
    Now how am I supposed to do any decent trolling when you're nice like that, aardvarc? You guys are typically rude and arrogant. I'll try some other time, you're no fun. Nevertheless, I commend you for doing your job correctly. And hey, I'm supposed to be banned from this site, how was I able to re-resgister? I even used my same email and posted the same thing I did before, what's up? I want my ban back!

  8. #8

    Default Re: Misuse of Rights

    Catch me late one night when I'm in the middle of a 50+ hour work week, have laundry to do, supper to make, cat boxes to clean, and have spent all day explaining why the law is substantially different than what the caller is asking my agency to do, and I'll probably give you some excellent trolling material. Sorry, it was just a timing thing =)

    1. Sponsored Links
       

Similar Threads

  1. Weapons Offenses: Misdemeanor Misuse of a Firearm
    By FedLEO in forum Criminal Charges
    Replies: 1
    Last Post: 07-11-2010, 10:22 PM
  2. Business Finance: Misuse of Funds
    By coco chanel in forum Business Law
    Replies: 1
    Last Post: 09-25-2009, 03:17 PM
  3. Parking Violations: Placard Misuse
    By girlneedslawhelp in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 07-12-2009, 09:26 PM
  4. Debt Collectors: Misuse of Name
    By valex in forum Debts and Collections
    Replies: 1
    Last Post: 06-25-2008, 05:20 AM
  5. Business Issues: Misuse of Funds by the President of an LLC
    By wje in forum Business Law
    Replies: 8
    Last Post: 09-17-2007, 10:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources