ToS that prohibits spelling errors?

[anoobis]

What is the name of your state (only U.S. law)? Massachusetts

Can a private entity (website) legally suspend an account and prohibit someone from posting on it's forums because the ToS prohibits spelling errors?

I got into an argument that a website cannot do that as it also has to obey free speech laws even if it is private. Can I get some clarification?

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

Can a private entity (website) legally suspend an account and prohibit someone from posting on it's forums because the ToS prohibits spelling errors?

I got into an argument that a website cannot do that as it also has to obey free speech laws even if it is private. Can I get some clarification?

You are wrong. You have no inherent right to post on a private forum.

 

[anoobis]

You are wrong. You have no inherent right to post on a private forum.

The medium is private, the forum isn't.

Free speech from a quick wikipedia search: 'Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used.'

Can an attorney give me a view on this?

edit: nevermind found the answer:

' International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including the Internet.[3] The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for the "Information Society" in stating:

"We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers."
'

 

[Zigner]

The medium is private, the forum isn't.

Free speech from a quick wikipedia search: 'Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used.'

Can an attorney give me a view on this?

You are wrong. You have no inherent right to post on a private forum. You are also wrong on the "free speech" aspect. Do a bit more research on what entities that applies to and you will find out why.

ETA: Don't use Wikipedia for your legal research

 

[Mass_Shyster]

The World Summit on the Information Society (WSIS) Declaration of Principles adopted in 2003 makes specific reference to the importance of the right to freedom of expression for the "Information Society" in stating:
'

The World Summit on the Information Society is not mandatory authority for any US court (including Massachusetts)

 

[>Charlotte<]

The United States Bill of Rights is a much better resource than Wikipedia. Read the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Your answer is there. Do you see it?

 

[anoobis]

You are wrong. You have no inherent right to post on a private forum. You are also wrong on the "free speech" aspect. Do a bit more research on what entities that applies to and you will find out why.

ETA: Don't use Wikipedia for your legal research

'Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.'

-how about instead of saying you are wrong every other sentence you actually post something as to my question

 

[CdwJava]

In general, the concept of free speech applies to the government restricting said speech on political grounds, not a private entity.

if you are in my home, I can kick you out for using foul language around my children and I could do so legally. Likewise, if you cheered for the Cowboys I could kick you out. Private persons do not have to respect your "free speech" rights.

 

[anoobis]

The World Summit on the Information Society is not mandatory authority for any US court (including Massachusetts)

how about US free speech law what does it say as to this matter?

 

[Antigone*]

'Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.'

-how about instead of saying you are wrong every other sentence you actually post something as to my question

You have no inherent right to "free speech" on a privately-owned forum.

If you don't like what you hear from us, click on the blue link down at the bottom and pay for your answer.


Hey Carl, I'm a Cowboys fan, would you kick me out

 

[CdwJava]

-how about instead of saying you are wrong every other sentence you actually post something as to my question

Your question has been answered ...

The question being:
Can a private entity (website) legally suspend an account and prohibit someone from posting on it's forums because the ToS prohibits spelling errors?

The answer: Yes.

It might be cheesy, but it is perfectly legal.

 

[quincy]

There have always been limits placed on speech.

Check out the laws on defamation, national security, consumer protection, advertising, broadcasting, privacy, copyright and trademark, obscenity . . . . and the list goes on and on.

Freedom of speech does not mean you can say whatever you want wherever you want whenever you want with absolute impunity. Try saying you have a bomb while waiting in line in an airport terminal. You will discover the limits of free speech quickly.

Zigner is correct - and Wikipedia is not the most reliable of sources.

 

[Mass_Shyster]

'Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.'

-how about instead of saying you are wrong every other sentence you actually post something as to my question

The Universal Declaration of Human Rights is not mandatory authority for any US court (including Massachusetts)

 

[CdwJava]

Hey Carl, I'm a Cowboys fan, would you kick me out

That would depend on whether or not you brought the pizza or the O'Douls!

 

[anoobis]

In general, the concept of free speech applies to the government restricting said speech on political grounds, not a private entity.

if you are in my home, I can kick you out for using foul language around my children and I could do so legally. Likewise, if you cheered for the Cowboys I could kick you out. Private persons do not have to respect your "free speech" rights.

so basically you are saying a private entity can disregard your rights? are you sure? I am no lawyer but it doesn't sound right