Quote:
Originally posted by kddani
Freedom of speech doesn't necessarily apply to Greekchat in the way some members seem to think.
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I encourage you to find out more about the first amendment, it's quite fascinating. I've taken an entire class in it, as well as many other constitution-based classes. It's very fascinating, but then again, I am going to law school so of course i'm going to be interested!
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I'll add as a preface that I haven't seen whatever series of posts, removals, and protests triggered this thread.
I have mixed together here (1) a comment on the law and how it doesn't apply here and (2) a few thoughts on moderation.
The
First Amendment applies only to the U.S. government and state governments (and subsidiaries like cities and state-run organizations). You have no First Amendment rights, under the U.S. Constitution or any other, on a privately run system such as this.
There is still a
"free speech" issue, however, which is an ever-present social issue (in both private and public realms) about whether and when certain forms of speech or certain topics should be constrained, if ever. But the
law does not protect speech in a private forum. The Constitution constrains only government action, and the free speech clause of the First Amendment controls only government regulation of speech. The First Amendment does not apply here. Owners of private forums -- like this one -- are legally free to regulate them as they see fit. We can only hope that they regulate them wisely.
I've only been around herefor a few weeks, but so far I've been satisfied with the judgments of the moderators. On the other hand, I don't get to see a lot of what gets moderated, so maybe I'm not in a position to say anything about whether it is done well or poorly. I would recommend, however, that people who have had trouble with the moderators' approaches do their utmost to raise potentially socially difficult issues in a carefully thought-out manner and as tactfully as possible. The way you choose to talk about a topic can go a long way. I think we
need a place where we can talk about tricky issues, but we also need everyone who wants to participate to come to those tricky issues as carefully and thoughtfully as those issues deserve. No one should expect that this is an absolutely open forum for ranting (for example).
I think someone posting either above or below has asked whether the moderators could offer some guidelines, and that might help, too. People may feel better if they're offered ideas as to how they can express their thoughts consistently with the rules of the forum. In the end, though, there will always be a point where a moderator will have to make a judgment call that someone will disagree with. No one can make those decisions perfectly.
Consider also that the law
requires GC moderators to act on some occasions. Suppose that a member of GC said something defamatory online about someone else. In most states, it is unlawful to say something defamatory about a private person (as opposed to a public figure, and there are restrictions then, too), and the only exception is if you can prove the defamatory statement's truth in court. While it's not a crime, one could get sued in civil court for it. If someone defamed someone else online here, and the person defamed were a private individual, it would arguably be the
legal responsibility of the GC moderators to remove the defamatory post either on their own initiative or at least upon request, or the parent company of GC and others who saw the post and had the power to act but failed to could be sued and potentially found liable for defamation. (Traditionally, both the initial speaker and subsequent "publishers" of the statement can be held liable.) The First Amendment protects defamatory speech only if it is about public officials, public figures, or matters of public concern (or if the speaker can
prove that the statement is true, often a heavy burden), and even then the protection is far from absolute. I offer this only by way of example.
Maybe I'm out of place saying anything about how people should use a board like this when I'm new here. I admit that I haven't been around here long. But I've participated in other boards that have faced issues in how they moderate posts, and other in-person and electronic forums dealing with controversies, and this is what I've learned. So, I ask that you treat this as coming from that perspective.
Good luck in law school, kddani! I just finished, and took the Colorado bar exam about a week ago. Feel free to PM me.
Oh, and by the way -- I am not a licensed attorney, and my legal ideas offered here are not professional legal opinions that apply to any particular facts. (Yes, I have to give this disclaimer to everyone I talk to about the law.)