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Archiver > APG > 2007-12 > 1197073216


From: "Myra Vanderpool Gormley" <>
Subject: Re: [APG] Ethical Membership
Date: Fri, 7 Dec 2007 16:20:16 -0800
References: <mailman.25368.1197046312.18604.apg@rootsweb.com><002401c838ff$7ef8f540$6401a8c0@DELL>


A point was raised about "freedom of speech" regarding what could/could not
be said on the APG list, etc. or whether someone's material could be
censored. The APG is a private-sector organization. Free speech rights
apply only to government entities, not to private organizations which have
the freedom to set whatever rules they think best for their members,
students, or employees

While the First Amendment to the U.S. Constitution establishes freedom of
speech in this country, there are several major limitations on this freedom,
including that:
--Only the government is prohibited from restricting speech.

Private corporations and organizations are free to censor speech of their
employees/members.
The First Amendment applies ONLY to government restriction. There is nothing
in it that requires a private party -- an Internet bulletin board, magazine,
employer, or ISP -- to grant you freedom of speech within its area of
control. Only "state action" -- that is, action of the government -- is
covered by the First Amendment, although some state constitutions and laws
extend the privilege to cover some private entities.

List administrators at RootsWeb can and do monitor posts.
http://helpdesk.rootsweb.com/listadmins/duties.html

--Myra Vanderpool Gormley

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