Expert: Michael Troy - 7/15/2001

Question
Does an internet forum guide on a forum such as the Politics and Current Events Forum in About.com, have the right to gag contributors to the forum if the contributing party is having a verbal disagreement or fight with an longstanding forum contributor?  I could not ascertain in the agreement clause where it was necessary to gag a member even if the member used a vulgar expression which was commonplace since the time of Shakespeare, such as calling the other party "a half ass or a half wit."  It appears to me that only speech which endorses the major philosophy espoused by the majority of forum contributors is allowed to persist.  To me, this is an abridgement of the first amendment.

Answer
Hi Carol,

It may be censorship, but it is not a violation of the First Amendment.  The First Amendment only guarentees that the *government* will not suppress speech.  Private individuals can usually engage in censorship.  For example, if someone came to your house and wanted to tell you why you should vote Democrat, or Repubican, you could make them leave.  By contrast, they could not be forced off of public property for speaking in favor of a political party.  About.com is the same way.  They can kick out anyone they like, or put in place any rules they like without violating the First Amendment.

That said, some states have recognized certain circumstances where state constitutions force private citizens to allow for dissenting views on their property.  That could be an issue here.  But it certainly does not violate the First Amendment.

Fortunately, on the internet there are lots of other fora for your selection.  If one seems rather biased and unfair, you can just dump them and find another one.

- Mike