Tuesday, September 4, 2012

First Amendment concerns

Critiques' deletions cause censorship cries
You know, sometimes I really am impressed by how little a large proportion of the American people understand the U.S. Constitution and the “Bill of Rights” (the first 10 amendments to the Constitution).
For example: The right of free speech is guaranteed in the First Amendment, but most people don’t understand what “free speech” means.
It does not mean, for instance, that you can say anything you want about anything and anybody you want at any time you want. Sorry, but you can’t do that.
You can’t lie about other people, either verbally or in writing. You can’t damage the reputation of other people, either verbally or in writing (with some exceptions). You do that verbally, and you can successfully be sued for slander. You do it in print (or over the airwaves) and you can successfully be sued for libel.
You can’t say just anything that you want, like, maybe, yelling “FIRE” in a crowded theater. That also can get you arrested.
You can’t display things, calling it “art”, or do certain things that offend local community standards (or sometimes national community standards). It is called obscenity and will get you arrested.
You can’t call for the violent overthrow of the government. That also will probably end up getting you arrested, especially if you try to garner the means to accomplish your calls. It is called treason and sedition.
You can’t demand a third party print your libelous, obscene, treasonous or seditious material, or air it on television or radio or leave it on their servers on the internet. Sorry, that does not fall under your right of free speech.
Now, if you own the server, you can put whatever you want on it. But if it is someone else’s server or web page, then you have no rights at all. Besides, they can get (and probably would be) sued for your libel and they really don’t want that to happen.
You see, that is why web sites, servers and internet service providers (almost all of which are private entities and not government entities) will “censor” your comments. They don’t want to get sued.
The First Amendment only applies to the government(s – courtesy of the 15th Amendment) in the United States. It says CONGRESS shall make no law infringing on the right of the people to the freedom of speech, expression, etc. It does not say that your neighbor, or your newspaper, or radio station, or your television station, or some web site or internet host has to allow you to have free rein on their platform.
Nope, you want the freedom to say or whatever, then you go get your own soapbox and put it on the public square, or buy a copy machine and use it as a printing press, or crank up your own radio or TV station (unfortunately, there you will have to get an FCC licenses due to limited bandwidth on the airwaves), or set up your own web site on your own server (although there too the government can shut you down if you violate the law, sorry about that).
You see, freedom doesn’t mean you have no responsibility. Not that at all as you are responsible for what you say and do. If there are consequences, civil or criminal, then you have to be prepared to face those consequences and accept them as a result of your actions while you were exercising your vocal cords or your computer terminal.
So, when a web site deletes your comment, get over it. It is their right. You may not like it, just as they don’t like what you are saying. But they own the printing press and they get to decide what they print. You don’t like it, go create your own web site.
You see, freedom really isn’t free. It doesn’t mean that there is nothing that can be licensed or censored. Freedom comes with a cost and part of that cost usually is acting responsibility and with dignity and respect toward the rights of others.

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