1st Amendment and Free Speech/1st Amendment rights

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Expert: - 6/4/2008


Question
This rule is *not so* clearly posted on a popular site that children, as well as adults, populate. By my stating that I am a Christian mom, it appears that I am violating their "rule". Is this rule legal in the U.S.?  And if it is, how do people that run on and on about "Fairies" and "Mother Earth" not fall suspect to the same "rule".  I don't understand how this rule can be enforced in the United States, and am very upset about having my rights violated. The site states that as punishment for breaking this rule, my account can be terminated.

"So that everyone has a good time, you understand and agree that you will not post or send through the site any words, images or links containing or relating to:
-material regarding political, social, or religious views or opinions"

Thanks you for your time,

Julia

Answer
Hi Julia,

The First Amendment only applies to government censorship.  Private organization can place whatever restrictions they want.  A web site is considered private property.  The property owner need not tolerate any speach that they do not want.

I hope this helps you understand the situation.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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