Expert: Michael Troy - 6/14/2007

Question
QUESTION: Hello Mike,

I am in California.  I am in dispute with a business in Illinois.
This business runs an online school.  I bought a life time
membership from their web site that would give me full access to the website forever. I have a direct quote from their web pages that says that exactly.  So there are no parameters for anyone to cancel that it.
The school was treating their staff and student harshly and I was posting to yahoo message boards my opinions on what I thought of that.  I was told that they cancelled my Life Time Membership because I was posting to the message boards in a light that made them look bad.  Well duh ?
At the least, it's a breach of contract at the most it's thief.  Is there anything I can do to get them to honor my Life time Membership again without giving up my right to free speech ?



ANSWER: Hi Alice,

Sorry to hear about your situation.  Your First Amendment rights only apply to government actions.  Private entities have the right to disassociate themselves with you based on what you say.  So the First Amendment is not relevant here.

That said, based on your description, it sounds like you may have a breach of contract case entitling you to damages.  I would recommend retaining an attorney to sue the school for breach of contract.

I hope this helps!
- Mike



---------- FOLLOW-UP ----------

QUESTION: This online school is not a private school, it is a public school trying to go international.  Being public I believe it is under its town's rules and regulations as well as that states rules and regulations which sorta makes it govenment.  Since this is the case, do you still say this is not a free speech case ?  I have seen free speech issues in colleges and churches which are public on the news but what I am asking about does not apply to free speech ?
What makes my case different from the ones I see on tv ?
The school recently went non-profit, would this make it a non-free-speech issue for me ?  

Answer
Hi again,

You said in your original question that the online school was run by a business.  If it is, in fact, not run by a private business but is run by a State or subdivision of a State, then the First Amendment would apply.  It must be government run, not just open to the public.

I hope this helps!
- Mike