Legal Question in Technology Law in Illinois

Re: Use of obscene language in web forums and other publicly accessible areas

You raise a very intersting issue. Here's the analysis:

The First Amendment protects (among other things) freedom of speech. It is a fundamental right, one of our strongest. "Obscenity," however, is not protected. But, since mere nudity is not considered "obscence," it is protected. What is or is not "obscene," is very difficult to determine. As one Supreme Court justice noted a number of years ago, "I know it when I see it."

It is hard to imagine pure language that would be deemed obscene. In all likelihood, it would merely be considered offensive, vulgar, distasteful, etc., etc. As such, it would be considered protected speech -- as long as it is not legally "obscene."

You are correct, however, that virtually all servers have a "terms of service" that would likely be breached by such language.

Hope this helps.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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