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FIB - Scams 101 - Ye Olde Archives
Posted By: S. Tanna In Response To: MaaMaw Picks and chooses Posts!!!!! (Randall Riecke)
Monday, 10 January 2005, at 6:48 p.m.
The 1st amendment does NOT apply. There is no government action to surpress your speech.
You are free to start your own web site containing whatever content you want, and you can complain about 1st amendment violations, if the government were to one day shut you down. (although even in that case, I'd point out there are limitations on the 1st amendment, it's not unlimited right to say anything you like, e.g. in cases of commercial speech, etc., etc.)
That clearly isn't the same as not have free reign on somebody else's site. A person controlling their own site is simply exercising editorial control - which ain't by any stretch of the imagination, the same thing as censorshp.
Do you really think that any web site owner should be required to accept all types of content that might be forwarded or posted? Porn? Viruses? Spam? Stuff they have a personal aversion to? Essentially the same message posted dozens or hundreds of times? Offensive messages? etc.? If you really think that, when will you be allowing people (that means anybody) to post whatever they like to your site?
If this were offline, and this web site were a newspaper or magazine - would you complain of "1st amendment" and "[n]etiquette" if they didn't publish your letter?
I think you should respect other peoples' rights to run their online home/business as they see fit. I wouldn't dream of coming to your home or place of business, and telling you how to arrange the furniture. I wouldn't dream of coming to your home or place of business, and yelling "censorship!" if you refused to let me stick a great big billboard on your front lawn.
P.S.
I have absolutely no views on your particular program (which is NOT an invite to contact me, I'm simply NOT interested in these kind of programs). I'm just saying you ought to respect the owner's right to run, and control the content of her site as she sees fit.
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If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |