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Legal Commentary

: Althouse

"I Wonder How Quickly I Can Find 1,000,000 People Who Support Israel."

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That's the name of a Facebook group that I just got an invitation to join. I click over:
ONCE WE REACH 100,000 MEMBERS, WE WILL PETITION FACEBOOK TO REMOVE ALL GROUPS WHICH SAY THINGS SUCH AS "G-D BLESS HITLER," "F--K THE JEWS," "F--K ISRAEL," ETC., AND GROUPS WHICH ENCOURAGE VIOLENCE AGAINST AND/OR THREATEN JEWS, ISRAELIS, OR THE NATION OF ISRAEL AS A WHOLE.

Though this may appear to be a violation of the First Amendment (Freedom of Speech), we have learned it is not. The Bill of Rights only applies to the Government, and entails that the Government cannot obstruct with the rights of the people. Facebook is a private company, and not owned, funded, or operated by the Government; thus the Freedom of Speech law does not apply for them. The rules for Facebook are made by it's creators, and listed in the Terms of Use page. There, on the fourth bullet point under the User Conduct section, it clearly states that no Facebook user can "upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable."

Sorry. My free speech values extend a lot farther than what's protected by the First Amendment. And I think Facebook's Terms of Use are horrifyingly restrictive. Censoring everything "hateful, or racially, ethnically or otherwise objectionable"? Ridiculous! I'd rather join a Facebook group called "Facebook's Terms of Use Are an Affront to Free Speech."
________________

P.S. I support Israel.

Full post as published by Althouse on January 03, 2009 (boomark / email).

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