On 25 Sep 97 16:34, Jim Gashel wrote:
JG> in this case I don't think we are
JG> really talking about a matter of free
JG> speech, since andy is perfectly free
JG> to post the acb messages to any list
JG> that would find them consistent with
JG> its purposes. in this case, i don't
This raises an interesting question -- one not particularly
connected with NFB philosophy. At least one court has ruled that
free speech should be protected on the Internet more zealously
than it is in other media because, in effect, it is now a
"people's medium", to paraphrase the court ruling. Specifically,
the court was declaring that part of the 1996 Telecomm Act
onconstitutional that subjected the Internet and ISPs to decency
standards.
It should be noted, however, that this only applies to
*government*. Private entities, specifically ISPs, are perfectly
free to censor what flows thru their T1 connections. For example,
no one enjoins ISPs to carry or not to carry certain Usenet
newsgroups and Usenet FAQs specifically state this. ISPs are
perfectly entitled to block SPAM mail. Not all do so, believing
this opens cans of worms they would rather not deal with. But
others market themselves specifically *because* of their blocking
of mail from certain sites and/or certain nesgroups.
What I'm driving at is this: although some participants
appropriate the cause of free speech when advocating a certain
style of list conduct, it doesn't really apply -- at least, not
yet -- to private entities runing listservs or carrying Usenet
newsgroups. It will be interesting to see where all this leads if
courts broaden free speech protections to include enjoining ISPs
from censoring mail or Usenet newsgroups.
Mike Freeman
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