[lbo-talk] Liberty Server anyone ?

Charles Brown cbrown at michiganlegal.org
Fri Oct 29 12:48:40 PDT 2004


Gregoire Seither said:

> My ISP has pointed me to a tiny paragraph

> in their general conditions saying that I am

> not allowed to use the free web space they

> provide for political or religious proselytism...

> (there is no First Amendment in France) -

> therefore my website is shut down . . . .

Granting arguendo whatever may be all the "shoulds" one might advance favoring the desirability of unfettered/uncensored speech, query (hardly just for non-U.S. citizens!) the correctness (more precisely: probable INcorrectness) of the apparent implication in the parentheses above, i.e., that if a U.S.-based ISP and its subscriber agreed to a comparable limitation in their user agreement, the First Amendment would bar its enforceability in the U.S.?

^^^^^^^

CB: Correct. First Amendment protection only applies to state action, not private.



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