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Q: Free speech ban - help to tell a board provider ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Free speech ban - help to tell a board provider
Category: Computers > Internet
Asked by: wolvies-ga
List Price: $20.00
Posted: 21 Mar 2003 12:56 PST
Expires: 20 Apr 2003 13:56 PDT
Question ID: 179291
How do I tell the owners of ezboards that I have been banned from a
community discussion board because the owners are racist xenophobes
who do not want to have other opinions on their site? I am sure racism
and xenophobia must be a hate crime under american law as it is in
Europe. They should not be allowed to just ban opposite opinion. It is
unjust and they should be able to hear the other view. I want an
answer that addresses the terms of service and internet boards
responsibilities to society. Not some disclaimer pretending that a
racist society can carry on regardless

Request for Question Clarification by tutuzdad-ga on 21 Mar 2003 13:45 PST
I sense that no answer short of pointing out how you can stop this
forum from its alleged practices will satisfy you as an answer. If
this forum is acting within the its legal rights and it appears that
no action you might take can prevent them from doing so, what, then
"would" you consider to be a satisfactory answer under these
circumstances?

Regards;
tutuzdad-ga
Answer  
Subject: Re: Free speech ban - help to tell a board provider
Answered By: missy-ga on 21 Mar 2003 18:00 PST
Rated:5 out of 5 stars
 
Hi Wolvies,

I like you.  A lot.  You're one of the nicest customers I've worked
for to date, and I'm glad to see that you're here often.  It really
hurts to be the bearer of bad tidings, but I think I'd be doing you a
grave disservice if I didn't provide you an honest answer.  I hope
you'll forgive me for the inability to tell you what you want to hear,
and sincerely hope you'll consider *not* shooting the messenger:

The fact of the matter is that you cannot force the owner of an EZ
Board to allow you to post:

"First, let me say this clearly.... ezboard does not control and will
not control what ezOps, admins or mods do at their boards unless it
violates our Terms of Use.

The ezOp of any board is has the last and final say of who gets to
post, period. It's his or her board, and ezboard will not tell them
how to run it. If you want to know why you were banned, contact the
ezOp and ask."

I've Been BANNED - Why and what can I do about it?
http://beta.ezboard.com/fezboardfrm73.showMessage?topicID=53.topic

EZ Board's Terms of Use are here:

TOU
http://www.ezboard.com/corporate/legal_termsofuse.html

The terms of use are very careful to point out that by using the
system, you agree that each person is responsible for his own
postings:

"You understand and agree that any Content posted on the Service is
the exclusive responsibility of the person who posted or uploaded it,
and that you will be solely responsible for any Content that you
upload, post, email or otherwise transmit via the Service. You
acknowledge that ezboard is not responsible for, does not control,
does not endorse and does not verify the Content posted to the Service
or available through the service, and that it makes no guarantee
regarding the reliability, accuracy, legitimacy or quality of any such
Content." [ Section 4 - Content Accessible on The Service ]

The legal department rather tersely informs us that if you've been
banned for any reason other than that your account was stolen and it
was the actions of the thief that got you banned to begin with, the
ban will stand:

"Little note from ezLegal: The ONLY reason a global ban will ever be
overturned is if the banned account was previously stolen, and the
thief's subsequent actions got the account banned. If this is not the
case, don't bother with the email to legal."

I've Been BANNED - Why and what can I do about it?
http://beta.ezboard.com/fezboardfrm73.showMessage?topicID=53.topic

In other words, EZ board will not censor communities, and they won't
force anyone to let you in, either.

Although we are certainly granted the right to speak freely in the
United States, no matter how ugly, stupid or revolting our opinions
might be, we are *not* granted the right to force others to listen -
which is essentially what you're seeking.

The EZ Board community you've been banned from is a private community,
and has the right to accept or decline members as it chooses.  At it's
simplest, they don't have to allow you to post in their community
(listen to you) if they don't want to.  They are guaranteed this right
by EZ Board's TOU.  Compare it to making a phone call.  If the fella
at the other end of the line doesn't like what you have to say, he can
hang up.  You can keep calling him back, but he doesn't have to
answer.

Additionally, while the existence of their community may be repugnant,
their right to speak as they will is, as Pinkie pointed out, protected
speech in the United States.  As such, as long as they are not
violating EZ Board's TOU, they can't be forced to stop posting their
opinions in their community, no matter how vile and offensive they
are.

Wolvies, there is no reasoning with the hateful and closed-minded.  I
fear that even if you *could* find a way to post in their community,
it wouldn't help.  The hateful and closed-minded do not listen, they
only speak.  I think it would be an exercise in extreme frustration
for you, and I'm sure that you have many more interesting and
entertaining people to interact with (like us!) than a group of people
whose minds are not going to be changed by anything you have to say.

Racism and xenophobia aren't illegal.  They're just ignorant and
pointlessly hateful and offensive to the open minded.  Perhaps it is
some small comfort to you that the groups who complain the loudest
about their freedom to speak, and demand the most vociferously that
they not be censored, are the very groups who are quickest to suppress
dissent.

Though they refuse to listen to you, Wolvies, they're not preventing
you from speaking.  You can still speak freely on whatever topic you
choose in a number of communities, and even allow others to comment on
your posts:

The Open Diary ($20 for a 6 month subscription.  No ads.)
http://www.opendiary.com

Free Open Diary (supported by ads)
http://www.freeopendiary.com

Live Journal (free and paid subscriptions, with varying functionality.
 No ads.)
http://www.livejournal.com

Blogger (free and paid subscriptions, now owned by Google)
http://www.blogger.com

...or go 'em one better, and start your own EZ Board:

EZ Board - Build Community
http://www.ezboard.com/registration/build_registration.html

I know that you wanted to hear that the community in question has to
let you in.  I'm sorry I can't tell you that.  But I do hope that the
information I've provided is helpful, and I hope you'll take my
suggestion and either join a journaling community that encourages the
freedom to talk about whatever's on your mind, or start a community of
your own that does the same.

Please don't hesitate to ask for any help at all with this - if you
choose to join or create a community, I can walk you through the setup
easily.

I wish you much luck.  

--Missy

Request for Answer Clarification by wolvies-ga on 21 Mar 2003 19:36 PST
Missy, thank you for the detailed answer. I agree with your
interpretation of the TOS though I am surprised to hear that making
openly racist comments is not illegal in the USA, it certainly is in
the UK. Is there anywhere an email address foe ezboard? I don't expect
them to take action, but I think they would probably have a look and
could send the moderator of the board a warning - he and it are very
close to the edge in some of the legal TOS issues, especially with
regard to personal defamation etc. However, I don't want to fill in
ezboards legal form - it looks scary ! Just dropping them a line so
they can take a look at what kind of stuff is going on would be fine.

Clarification of Answer by missy-ga on 21 Mar 2003 19:41 PST
Hi Wolvies,

I hate forms.  I think they're deliberately intimidating so people
won't use them!

Fortunately, Steven DeMello, President and COO of EZ Board, welcomes
correspondence at sdemello@ezboard.com

Good luck!

--M
wolvies-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Missy thank you very much. I will drop him a line tonight, I'm off to
London now to watch the demonstrations. Take care.

Comments  
Subject: Re: Free speech ban - help to tell a board provider
From: pinkfreud-ga on 21 Mar 2003 13:11 PST
 
You have a moral issue here, but I doubt that you have a legal issue.
While certain racist and xenophobic acts may be crimes in the United
States, racist and xenophobic speech is protected under the First
Amendment. The freedom to speak your mind -- even if others are
offended -- is part of the American way.
Subject: Re: Free speech ban - help to tell a board provider
From: lunavron-ga on 21 Mar 2003 13:39 PST
 
complaining is a big part of the American way as well - and though
your complaint might not have any basis in law they can't stop you
from moaning, whimpering or whining about it either.

Take a look at the "...Guide to Terms of Use Issues & Legal Submission
Form" at http://www.ezboard.com/help/form_legal.html where you may
find a clue

HTH & Good Luck
Subject: Re: Free speech ban - help to tell a board provider
From: pinkfreud-ga on 22 Mar 2003 14:59 PST
 
wolvies,

I am sorry to hear that you've been treated in an unkind manner on a
message board. A person who argues in a reasonable, logical fashion
with racists and xenophobes often infuriates them, since they cannot
defend their beliefs through the use of logic. They may have banned
you because you made them uncomfortable by exposing their
irrationality. Such people would rather not be confronted by the hard
light of reason.

~pinkfreud

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