Legal Question in Constitutional Law in Tennessee

I posted a comment to an Organization fan page on Facebook. Under thier info tab there is a listing of forum restirctions. To my knowledge and opinion the comment did not violate either thier posted requirement nor the requirements under the Facebook terms of use. The comment that i submitted has not posted to the organizations page but is only visible when I log on. The comment was a series of poignant and valid questions regarding a new policy that they had published. I posted the comment on 16 Dec. I gave time due to the weekend when I didnt see my post thinking that the administrator didne get a chance to approve the comment. Today, 21 Dec, I noticed that the organization itself posted a comment on an unrelated even so I know that the comment was seen but was denied being posted. Is the refusal of the organization to post the comment in a open forum (their words) constitute an infringement of 1st Amendment rights and if so what legal recourse/compensation can be taken?


Asked on 12/21/10, 4:33 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The First Amendment -- like the rest of the Constitution -- limits only what the government can do. Neither Facebook nor the organization you mention is part of the government. Neither of them is constitutionally forbidden to restrict your speech.

There may be other legal bases on which you could take action, but the First Amendment will not help you here.

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Answered on 12/27/10, 12:01 pm


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