Chess.com violates free speech rights

  • #81

    For those who are opposed to imposing any restrictions on private actors like chess.com, consider the following.  Phone companies (while monopolies or at least an oligopoly) are private actors.  Arguably, the Constitution should not bar any actions taken by the phone companies.  What if a phone company published terms and conditions of use that allowed them to monitor your phone calls and censor your calls (e.g., bleep out your words or cut off your call) if the phone company deemed your conversation "inappropriate."  Some would argue that a phone company would never do that since they would lose customers.  However, given that there are a limited number of competitors (especially for local phone service) in many areas, it is quite possible for all of the phone companies to promulgate the same rules and policies, which would mean that a customer would have to accept censorship if he/she wanted phone service.  Do you think that this would be a proper outcome (i.e., censorship by the phone company, which is a private actor)?

  • #82

    Actually there is a US Supreme Court case that deals with similar facts, namely a "company town".  Marsh v. Alabama 326 U.S. 501 (1946).

  • #83

    pt22064....'er Counsel....Thank you for your 1st Amendment insight....it's been very interesting and just really good stuff !

  • #84
    johnmusacha wrote:

    Actually there is a US Supreme Court case that deals with similar facts, namely a "company town".  Marsh v. Alabama 326 U.S. 501 (1946).

    Yes, I believe that I cite Marsh in one of my posts, although I did not include the full citation.  Also, I had remembered it as being a much older case (1800s), but it is apparently of more recent vintage (but still old).

  • #85

    Anyone arguing that Chess.com is anologous to a company town is a moron plain and simple.

  • #86
    JamieDelarosa wrote:
    I understand your arguments made in theory.  However, chess.com is not a "company town."  There are other sites that provide similar opportunities.

    Rather than argue the esoteric, consider the relationship between the owner and operators of the site, and its membership, to be regulated under the contract known as the "Terms of Service."  This contract was agreed to voluntarily by the registrant.

    Well, I did note that it was merely a potential legal theory -- not necessarily a winning legal theory.  However, the fact that the TOS was "voluntarily" agreed to by the user is not necessarily dispositive.  There was a recent NJ Supreme Court decision holding that homeowners associations could not restrict its members from posting political campaign signs on their lawns even though the homeowners signed agreements stating that they agreed to follow all of the rules of the homeowners association.  Notably, the association is a private entity (not a governmental entity), and the Court held that the state constitution limited what restrictions it could impose on its homeowners.

  • #87

                            "Why do people pay money to have their free speech rights violated?".   A hooker did that to me last week, and she violated more than my free speech rights.

  • #88

                       She was a very nice hooker. All I did was ask for a cigarette.

  • #89

    I agrre with sonic. just play,  why chat. Chess .com is a very good site for hobby. players have to be sportsman and not bloggers. i receive many undigestble comments. i just wither them off my coat.

  • #90

    hahahahahhahahahaha hahahahhaahahhahah oo hohohohohoh haaaaaaaaaaa mmmm  sorry

  • #91

    Without wading through all the crap sure to be found in this thread (I didn't bring my waterproof hip waders), I think the answer is simple. Chess.com isn't a body of government. It's a for-profit website, not a government body bound by the jurisdiction of the United States. The O.P. is either trolling or is unfamiliar with the concept of the internet, and that it obeys no borders or government laws (except in certain countries, where the internet is censored and that person's government can restrict what he/she can say/read or block access to websites not in line with their views)

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