So in this forum online, I got banned for "no reason" and the ban will be "never" lifted. Is that a form of discrimination and can I sue them for it? (It's not like i'm going to, but I wanna know my rights. =D)
2007-07-14 09:22:26 · 6 answers · asked by bourbon91c 2 in Politics & Government ➔ Law & Ethics
The only discrimination you can sue for under federal law in a private action is based on race, ethnicity or national origin. The Supreme court has interpreted the 14th Amendment to apply only to actions by state governments. The 13th Amendment applies to actions that carry "the badge of slavery" and the courts have construed this to mean discrimination based on race.
Therefore, a private bar could exclude men or women, but could not exclude someone based on race. Clubs such as the Boy Scouts can have similar discrimination, but not racial discrimination.
I am not familiar with the Constitutions of all 50 states so it may be possible that one of those states has an anti-discrimination statute that would apply.
You have a right to free speech, but in public forums, not private forums. This is most likely a privately owned and run website. If the owners of the website are pretending to be government officials, you can sue them because they are acting under the color of the law.
2007-07-14 09:46:44 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
Dollyemu is probably right most forums and boards have rules that will pretty much let them ban anyone for anything that they don't like. If that happens then what is the basis on which you will sue? How did it damage you? It doesn't infringe on your freedom of speech since you can go out and tell anyone anything; there is no rule about anyone having to provide an audience.
Now as to your original question; "Is this a form of discrimination?" Then yes, but discrimination is legal, unless it is specifically stated that it is illegal. After all I can be banned from Yahoo Answers for use of bad language, that is a legal form or discrimination that is covered in the policy.
Recently a restaurant owner kicked O.J. Simpson out of his restaurant. The restaurant menu and rules clearly say that the patron has the right to refuse anyone service. O.J. Simpson was publicly embarrassed, but he didn't have any grounds on which to sue. Your case is the very similar; I am sorry but you have no grounds.
It is only illegal discrimination if it was done on the base or race, creed, color etc.
2007-07-14 16:47:23 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
If you broke a rule, then you should be banned. If you stole from a company, they are not discriminating when they fire you and don't hire you back. They are enforcing their rules. So evidently this forum was informed of some rule breaking. Read the rules of the next forum and try to adhere and better luck next time. But I doubt you can get back into that forum you were in, based on the above logic.
2007-07-14 16:27:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yahoo does not participate in "policing" Answers.
They have ceded authority to a band of neck-less thugs who report, not for content, but for sabotage.
Yahoo bans based on numbers of reports...not validity.
2007-07-14 16:30:10 · answer #4 · answered by responder 3 · 0⤊ 0⤋
no because its not a actual place and u didnt pay to get this so the legal system can do nothing
2007-07-14 16:26:51 · answer #5 · answered by Ashley010 5 · 0⤊ 0⤋
their terms of service probably say they can kick you out for any/no reason.
2007-07-14 16:25:34 · answer #6 · answered by brian 4 · 0⤊ 0⤋