法律英语：27 Free Speech Limitations

by Michael W. Flynn
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

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Today I will discuss speech limitations by private groups. Rob wrote:

I registered an account at http://godtube.com. I posted a couple comments to 2 videos and a few hours later my account disappeared from their website.

I went back and read the Terms closely and I'm not sure their terms are legal. They've created a public forum⁴ and then limit what [you’re] allowed to say.

[One term states]: “You agree not to submit or post any User Submission⁵ to the Site, or transmit any User Submission through the Site, that (a) is contrary to the evangelization of Jesus Christ and His teachings, or constitutes blasphemy⁶, or is otherwise offensive to our online Christian⁷ community.”

Do they have the right to limit what I say on their website? Can they really tell me that I can't be contrary to Jesus Christ in their public forums⁸?

Thanks, Rob. Free speech is a fundamental right enjoyed by Americans under the First Amendment⁹. But, free speech does not mean that every private group must let you speak. The rules that godtube imposes are perfectly¹⁰ legal due to the state action doctrine¹¹.

The First Amendment to the Constitution provides:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging¹² the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress¹³ of grievances¹⁴.

The most important part of the text for today’s discussion is “Congress shall make no law . . .” The reason this is important is that the text does not read: “anybody in this country shall make no rule . . .” The First Amendment, and all constitutional maxims¹⁵, only apply to actions taken or enforced by the government, not private parties. This is generally known as the state action doctrine. So, before the First Amendment even comes into play, Rob would have to show that the government somehow enforced the rules that godtube created. It seems that godtube itself enforced their rules by removing the comments and videos that Rob posted. So, notions of constitutional free speech simply do not apply.

Turning to the issue of public forum, Rob’s assertion that godtube has created a public forum is incorrect. In constitutional law, a “public forum” refers only to areas owned or operated by the government. A “traditional public forum” is public land that has been used as a traditional area to meet, protest and speak. Common examples include the areas outside courthouses, city halls or embassies. A “designated public forum” is one in which a governmental entity¹⁶ opens up its doors to the public for a limited time and purpose. A common example is a public school classroom. The members of the public are not always allowed to speak here, but the government might open up the classroom during a school board meeting for the purpose of discussion and debate.

However, these concepts do not apply because godtube is not the government. The website is free to create a speech forum and place restrictions¹⁷ on the content of the speech.

Even if free speech were implicated¹⁸, it is important to note something that Rob’s question misses: godtube’s right to free speech and association. By posting Rob’s comments, the website might be seen as endorsing¹⁹ the substance of the comments. Godtube has a right to limit the postings to messages that it wishes to disseminate²⁰. Just as godtube could not force Rob to post things on his website, Rob cannot force godtube to post his comments.

So, while some people visiting godtube might consider the website’s message biased²¹ or limited given that it censors²² out comments that are contrary to its views, it is well within its legal rights. It is a private entity that is free to publish almost anything it likes.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²³ Life. Be sure to check out all the Quick and Dirty Tips podcasts, including our newest member, Make-it-Green Girl's Quick and Dirty Tips for an Earth Friendly Life.

You can send questions and comments to...........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 retailer   

n.零售商(人)

参考例句：

• What are the retailer requirements?零售商会有哪些要求呢？
• The retailer has assembled a team in Shanghai to examine the question.这家零售商在上海组建了一支团队研究这个问题。

4 forum   

n.论坛，讨论会

参考例句：

• They're holding a forum on new ways of teaching history.他们正在举行历史教学讨论会。
• The organisation would provide a forum where problems could be discussed.这个组织将提供一个可以讨论问题的平台。

5 submission   

n.服从，投降；温顺，谦虚；提出

参考例句：

• The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
• No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

6 blasphemy   

n.亵渎，渎神

参考例句：

• His writings were branded as obscene and a blasphemy against God.他的著作被定为淫秽作品，是对上帝的亵渎。
• You have just heard his blasphemy!你刚刚听到他那番亵渎上帝的话了！

7 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

8 forums   

讨论会； 座谈会； 广播专题讲话节目； 集会的公共场所( forum的名词复数 )； 论坛，讨论会，专题讨论节目； 法庭

参考例句：

• A few of the forums were being closely monitored by the administrators. 有些论坛被管理员严密监控。
• It can cast a dark cloud over these forums. 它将是的论坛上空布满乌云。

9 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

10 perfectly   

adv.完美地，无可非议地，彻底地

参考例句：

• The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。
• Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

11 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

12 abridging   

节略( abridge的现在分词 )； 减少； 缩短； 剥夺（某人的）权利（或特权等）

参考例句：

• He's currently abridging his book. 他正在对他的书进行删节。
• First Amendment: "Congress shall make no law abridging the freedom of speech." （美国宪法）第一修正案规定议会不应该通过减损（公民）言论自由的法律。

13 redress   

n.赔偿，救济，矫正；v.纠正，匡正，革除

参考例句：

• He did all that he possibly could to redress the wrongs.他尽了一切努力革除弊端。
• Any man deserves redress if he has been injured unfairly.任何人若蒙受不公平的损害都应获得赔偿。

14 grievances   

n.委屈( grievance的名词复数 )；苦衷；不满；牢骚

参考例句：

• The trade union leader spoke about the grievances of the workers. 工会领袖述说工人们的苦情。 来自《现代英汉综合大词典》
• He gave air to his grievances. 他申诉了他的冤情。 来自《简明英汉词典》

15 maxims   

n.格言，座右铭( maxim的名词复数 )

参考例句：

• Courts also draw freely on traditional maxims of construction. 法院也自由吸收传统的解释准则。 来自英汉非文学 - 行政法
• There are variant formulations of some of the maxims. 有些准则有多种表达方式。 来自辞典例句

16 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

17 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

18 implicated   

adj.密切关联的；牵涉其中的

参考例句：

• These groups are very strongly implicated in the violence. 这些组织与这起暴力事件有着极大的关联。 来自《简明英汉词典》
• Having the stolen goods in his possession implicated him in the robbery. 因藏有赃物使他涉有偷盗的嫌疑。 来自《现代汉英综合大词典》

19 endorsing   

v.赞同( endorse的现在分词 )；在（尤指支票的）背面签字；在（文件的）背面写评论；在广告上说本人使用并赞同某产品

参考例句：

• Yet Communist leaders are also publicly endorsing religion in an unprecedented way. 不过，共产党领导层对宗教信仰的公开认可也是以前不曾有过的。 来自互联网
• Connecticut Independent Senator Joseph Lieberman is endorsing Republican Senator John McCain. 康涅狄格州独立派参议员约瑟夫。列波曼将会票选共和议员约翰。麦凯恩。 来自互联网

20 disseminate   

v.散布；传播

参考例句：

• We should disseminate science and promote the scientific spirit.普及科学知识，弘扬科学精神。
• We sincerely welcome all countries to disseminate their languages in China.我们真诚地欢迎世界各国来华推广本国语言。

21 biased   

a.有偏见的

参考例句：

• a school biased towards music and art 一所偏重音乐和艺术的学校
• The Methods: They employed were heavily biased in the gentry's favour. 他们采用的方法严重偏袒中上阶级。

22 censors   

删剪（书籍、电影等中被认为犯忌、违反道德或政治上危险的内容）( censor的第三人称单数 )

参考例句：

• The censors eviscerated the book to make it inoffensive to the President. 审查员删去了该书的精华以取悦于总统。
• The censors let out not a word. 检察官一字也不发。

23 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。