On Thu, 29 Jan 1998, Mitchell Leben wrote:
> So my question is, what will happen if this goes to court? In my opinion
> the legal threat is frivolous, but I am not a lawyer. It is my
> understanding that a list I create/host/own is mine to do with as I
> please.
>
> I am anxious to hear from other list owners who may have run into similar
> situations. Thanks for any insight you can offer.
I've never run into it and I'm not a lawyer, but it is definitely
frivilous if your list is run like most. Are you charging for the list or
is it a privilege that comes with membership to some organization or
something similar? If so, perhaps. Otherwise, I wouldn't loose any sleep
over it.
If the list is like most I've ever heard of, it is run free of charge with
you providing the labor and is done as a labor of love. Anyone on the list
is there simply because you feel like letting them. It is not a right and
it is not a public forum except as you allow it to be. His charge that you
are violating his right to free speech is ludricous. The Constitution does
provide that the government must not pass any laws limiting freedom of
speech, but it does not require that private citizens (or even the
government for that matter) provide such a forum. A person may be able to
stand outside the Pentagon or the White House and protest or say what they
feel, but try going inside into areas that are not open to the public. In
fact, I bet you couldn't even get by with it in many areas that ARE open
to the public and that's government property.
A person may have the right to stand in the street or on the sidewalk in
front of your house and preach from a soapbox, but he doesn't have the
right to do so in your front yard. If your list is like most, it is a
private list and no one has any rights whatsoever unless you grant them.
They can be taken away as you see fit as well.
I wouldn't even do him the honor of a reply. Just "bounce" all of his mail
back to him or simply delete it.
--
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"Big Ray the Cab Driver" Jones - Licensed Tour Guide ICQ UIN 1473313
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