more on EFF Fights for Bloggers' Rights

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jonathan Goldstein <jonathan.goldstein () gmail com>
Date: November 21, 2005 5:37:38 PM EST
To: dave () farber net
Subject: Re: [IP] more on EFF Fights for Bloggers' Rights
Reply-To: jonathan () pobox com

Dave,

I think its important to clear up the common misconception that there  
is some private "right" to free speech in the United States.

The First Amendment is a power under the federal Constitution to be  
free of interference from the federal government.  It protects  
against federal GOVERNMENTAL speech regulation.  Other provisions of  
the federal Constitution impose First Amendment obligations not to  
interfere with speech on each of the 50 states as well.

It is not a power that private, non-governmental parties invoke  
against one another.

If you and I are private parties and we have a contract for you to  
use my systems and I write into that contract that you can't use my  
systems to say bad things about me, then I have a right to enforce  
that contract provision against you.

The First Amendment is not implicated.

--
Jonathan Goldstein, Esq.


On 11/21/05, David Farber <dave () farber net> wrote:

-------- Original Message --------
Subject:        RE: [IP] EFF Fights for Bloggers' Rights
Date:   Sun, 20 Nov 2005 19:51:28 -0500
From:   Marc <marcaniballi () hotmail com>
To:     'David J. Farber' <dave () farber net>



Maybe I should rephrase the question slightly;

Would a foreign blogger, blogging on a US domiciled blog site be  
protected
from censorship from US based interests (and foreign interests  
attempting to
act upon "US territory"). I understand that US jurisdiction would not
protect them personally from their own (or possibly other)  
governments - but
my question was more about whether the actual blog and its content is
protected, having been published and hosted in a country with freedom of
speech.

I suppose the question might more readily be put; "Does America hold  
out its
freedoms to all who wish to benefit from them, regardless of their
nationality or current residence, while they or their actions are  
within US
jurisdiction?" (Let's leave Guantanamo out of it for now)

Marc

-----Original Message-----
From: David J. Farber [mailto: dave () farber net]
Sent: Sunday, November 20, 2005 4:09 PM
To: Marc
Subject: RE: [IP] EFF Fights for Bloggers' Rights

I seriously doubt it both in theory or practice.

Dave

On Nov 20 14:50, Marc <marcaniballi () hotmail com> wrote:
>
> Subject: RE: [IP] EFF Fights for Bloggers' Rights
>
> Dave;
>
> I have an question that might be interesting;
>
> If (for example) a young chinese student is blogging on Blogger  
(Google)
> about injustice in his country or other "inappropriate" topics.  
Given that
> the server is in the US, is he protected by US freedom of speech,  
even
> though he isn't American?
>
> Marc
>
> -----Original Message-----
> From: David Farber [mailto: dave () farber net]
> Sent: Sunday, November 20, 2005 8:24 AM
> To: ip () v2 listbox com
> Subject: [IP] EFF Fights for Bloggers' Rights
>
>
>
> -------- Original Message --------
> Subject:      EFF Fights for Bloggers' Rights
> Date:         Sun, 20 Nov 2005 01:44:03 -0500
> From:         Randall <rvh40 () insightbb com>
> To:   Dave < dave () farber net>
> CC:   Dewayne Hendricks <dewayne () warpspeed com>
>
>
>
> http://www.eff.org/bloggers/
>
> EFF: Fighting for Bloggers' Rights
> If you're a blogger, this website is for you.
>
> EFF's goal is to give you a basic roadmap to the legal issues you may
> confront as a blogger, to let you know you have rights, and to  
encourage
> you to blog freely with the knowledge that your legitimate speech is
> protected.
>
> To that end, we have created the Legal Guide for Bloggers,
> http://www.eff.org/bloggers/lg/
> a collection of blogger-specific FAQs addressing everything from fair
> use to defamation law to workplace whistle-blowing.
>
> > Learn how you can help support bloggers' rights!
>
> http://www.eff.org/bloggers/badges
>
> Other ways we're fighting for your rights:
> Bloggers can be journalists (and journalists can be bloggers) - We're
> battling for legal and institutional recognition that if you  
engage in
> journalism, you're a journalist, with all of the attendant rights,
> privileges, and protections. http://www.eff.org/Censorship/ 
Apple_v_Does/
>
> Bloggers are entitled to free speech - We're working to shield you  
from
> frivolous or abusive threats and lawsuits. Internet bullies shouldn't
> use copyright, libel, or other claims to chill your legitimate  
speech.
> http://www.eff.org/legal/ISP_liability/OPG_v_Diebold/
>
>
> Bloggers have the right to political speech - We're working with a
> number of other public-interest organizations to ensure that the  
Federal
> Election Commission (FEC) doesn't gag bloggers' election-related  
speech.
> We argue that the FEC should adopt a presumption against the  
regulation
> of election-related speech by individuals on the Internet, and  
interpret
> the existing media exemption to apply to online media outlets that
> provide news reporting and commentary regarding an election --  
including
> blogs. (See our joint comments to the FEC;
> [ http://www.cdt.org/speech/political/20050603cdtcomments.pdf ,  
332K].)
>
> Bloggers have the right to stay anonymous - We're continuing our  
battle
> to protect and preserve your constitutional right to anonymous speech
> online, including providing a guide to help you with strategies for
> keeping your identity private when you blog. (See How to Blog Safely
> (About Work or Anything
> Else).)http://www.eff.org/Privacy/Anonymity/blog- anonymously.php
>
> Bloggers have freedom from liability for hosting speech the same way
> other web hosts do - We're working to strengthen Section 230  
liability
> protections http://www.eff.org/bloggers/lg/faq-230.php
> under the Communications Decency Act (CDA) while spreading the  
word that
> bloggers are entitled to them. (See Barrett v. Rosenthal.)
> http://www.eff.org/Censorship/SLAPP/Defamation_abuse/Barrett_v_Clark/
>
>
> Related EFF cases:
>       * Apple v. Does
>       * Barrett v. Rosenthal
>       * OPG v. Diebold
>       * Doe Anonymity Cases
> Related documents:
>       * Legal Guide for Bloggers
>       * FEC Comments (PDF)
>       * How to Blog Safely (About Work or Anything Else)
>       *
> --
> http://htdaw.blogsource.com
>
>
>
>
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