Some believe the scope of the first amendment doesnt go beyond the governement, however, I believe nobody can create laws or "terms" that contradict Constitutional law, therefore if a company like Yahoo kicks you out of their "home", ie. their site for posting something , you should hve the right to sue for taking away your Constitutional right.
2007-09-01 08:02:16 · 12 answers · asked by Anonymous in Politics & Government ➔ Other - Politics & Government
no they are not, but they do so anyway.
2007-09-01 09:15:13 · answer #1 · answered by ati-atihan 6 · 0⤊ 1⤋
I'm inclined to agree with the idea that private parties should not be able to silence each other. But this is not recognized legally. Our constitutional guarantees are protection against government abuses only. Federal, state and local laws are meant to prevent individuals and groups from abusing others, and maybe that's the way it should be.
And though this is a little off-topic, this is the reason that some of us are more liberal; the conservatives actually believe in the right of some to force the hands of others.
They don't admit it, but they do think this is fine. And they call it "the free market".
2007-09-01 15:19:42 · answer #2 · answered by Robert K 5 · 0⤊ 0⤋
Short answer is yes, companies are allowed to take away your First Amendment rights... Long answer: People sometimes like to forget that the First Amendment is not the only law in the land... Limitations on free speech are sometimes necessary for the overall public good... When you enter into an online community such as Yahoo, you agree to comply with their restrictions as part of joining the community...
2007-09-01 16:26:39 · answer #3 · answered by Will 3 · 1⤊ 0⤋
It's basically the same question you get first day of American government. Can a person yell "Fire" in a crowded movie theater? The first amendment to the constitution was created to insure that all people had a right to disagree with the government without fear of recourse. It doesn't give you the right to say anything you feel like. For instance you can't slander someone or say something against them that causes them harm. That's libel. That person can sue you for defamation of character, lost wages(if it causes them to lose their job), or any amount of money they can prove they lost because of your allegations. If you say something to a child protection service causing an inquiry into their home, you can be sued for that. You sound like this parent at the school I work at. She says the constitution gives her the right to say anything in the classroom-including calling fellow students racial slurs and calling the teacher four letter words. After all it's America and we have free speech. The schools have the right to insure that kids go to school in a safe environment.
2007-09-01 16:04:51 · answer #4 · answered by a_mom 4 · 0⤊ 0⤋
The first amendment does not guarantee freedom of speech without restraint. If your speech incites violence, violates standards of decency, or could cause damage to property, it is no longer protected. Other laws override such actions. Besides - no one is making you post on Answers. When you set up your account you were asked to abide by community standards or your account would be suspended. In the eyes of the law that is a contract. You have no legal recourse. So - play by the rules or get out of the game.
2007-09-01 15:13:05 · answer #5 · answered by arkiemom 6 · 3⤊ 0⤋
If you agree to a contract, i.e. "Terms of Service" on something such as Yahoo, that contract is legally binding, so if you don't think a company policy is constitutional, don't agree/sign the contract. Those require you to waive that right in situations defined by the contract. It's the same as living in an apartment and having to remove something in it because it's against your lease agreement.
2007-09-01 15:13:53 · answer #6 · answered by vyperjeedai 4 · 2⤊ 0⤋
Hmmm. I haven't been amended yet and don't plan to be.
If you're asking if an organization can "take away" your right to free speech, no. Your rights are yours and exist even when you can't or don't choose to exercise them.
A company like Yahoo is not, however, under any obligation to provide you with a forum for expressing yourself. Don't like Yahoo's policies? Go play somewhere else.
2007-09-01 15:13:47 · answer #7 · answered by gunplumber_462 7 · 2⤊ 1⤋
"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."
The first amendment does only apply to governmental suppression of free speech.
2007-09-01 16:02:13 · answer #8 · answered by redphish 5 · 0⤊ 0⤋
You have a right to free speech. They have a right to kick you off their site. There's no contradiction, since you're still quite able to say what you want, just not on their site.
2007-09-01 15:19:22 · answer #9 · answered by Anonymous · 2⤊ 0⤋
It's private property.
Do you think I should be allowed to come over to your house and redecorate your living room without your permission? Or discuss anything I want in whatever terms I want at your dinner table?
It's like a big mall, with private security. You have the right to park there and shop there, but if you start behaving in ways they don't like, or defacing their property, you're trespassing.
2007-09-01 15:14:28 · answer #10 · answered by oimwoomwio 7 · 2⤊ 0⤋
Yep, they sure can.
Post something on your own website and the hosting company can tell you to remove it.
Your employers can do the same thing as well.
Of course, the most effective antidote to the First Amendment is the improperly named US Democratic Party.
2007-09-01 15:31:55 · answer #11 · answered by Anonymous · 1⤊ 1⤋