Legal Question in Constitutional Law in Texas
Freedom Of Speech Online
I am one of a group of people who run an online message board. We created a disclaimer that registering users must agree too before being able to post. In that disclaimer it says that the administrators have the right to edit or delete posts if they feel the content should not be allowed on the site.
Recently, a few topics/posts have been deleted, and it caused a big debate on the site. They are saying we're restricting their right to freedom of speech. We say they ''signed'' the disclaimer and have waived that right if we think their post should be deleted.
My question: Who's correct?
2 Answers from Attorneys
Re: Freedom Of Speech Online
Editorial control remains with the publisher. You are not free to change the meaning or context of messaging, but the publisher always retains the right to delete material not in keeping with the philosophy of the publication, or to not publish at all. You are correct.
Re: Freedom Of Speech Online
Another way of looking at it is that parties are always free to contract away their 1st Amnd. rights. So you are correct.
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