Re: Differences Between Bachmann Products

"Wolf Kirchmeir" <ElLoboViejo@xxxxxxxxxxxxx> wrote in message
news:4761321a$0$24062$9a6e19ea@xxxxxxxxxxxxxxxxxxxxxxx
Too_Many_Tools wrote:
[...]
I have already had messages deleted and a discussion locked by the
Train Gods over on www.trains.com.

Could someone fill me in as to what type of Nazi operation they are
running over there?

Thanks

TMT

Anyone who operates a website has the right to decide what will and what
will not appear. The right of free speech doesn't apply, since a website
is privately owned. If you don't like that, tough. A website is private,
like your own home: you can permit and forbid whatever speech you like
there. The 1st amendment doesn't apply. Anyhow, that's the theory.

trains.com is a commercial site, operated by Trains Magazine (owned by
Kalmbach Publishing). Anyone who operates a forum is responsible for
libellous statements made on it. That's the theory, anyhow. AFAIK, it
hasn't been tested in court, but Letters From Lawyers have prompted
deletion of posts on many forums and websites, as well as deletion of
copyrighted materials, etc. Websites are publicly accessible, and so can
disseminate libels.

There is IMO an undecided question about whether a privately operated
forum to which the public is invited to contribute is public in the legal
(constitutional) sense in the USA. Blogs that invite or permit comments on
posts would be such forums, BTW. (There are other issues with blogs, most
of which amount to the principle that a blog is _not_ a private
communication.) Newsgroups on Usenet are public by definition. You could
be sued for libel, IOW, so watch what you say.

Any jurisdiction that has free speech guarantees of some sort faces these
questions. In Canada, "hate speech" is a crime, which means that a lot of
comment that's protected in the USA is criminal here. That raises
difficult questions about the web. The rule that's been applied so far in
relation to the web (eg, downloading copyright material) is that the
location of the website server determines jurisdiction. IMO, it's only a
matter of time before there are treaties about jurisdiction over the web.

HTH


Wolf,

Well stated. Especially the part about "... like your own home: you can
permit and forbid whatever speech you like
there." I think too often people don't realize that. The US Constitution
simply states that "the government shal make no laws..." As such, you can
and do have a right to control what goes on in your space.

And, your comments about web site & blog comments are also right on. As
such, I don't have a problem with Kalmback protecting their advertisers
either. I believe that if a poster makes a legitimate comment about a
product's shortcomings, they would be more likely to be tolerate that
instead of the often "this product is crap." That's really "legitimate."
(humor & sarcasm intended)

The final issue that I think will have to be addressed some day is the whole
idea of an anonymous comment. In my humble way of thinking, a person should
only have a right to free speech when that person is willing to accept
ownership of and responsibility for his / her comments. I know that will
never happen, but I really believe it has merit.

This is kind of indirectly related to this and other forums because of
today's proliferation of spam & junk postings. The quickest way to cut that
kind of junk would be to simply make people be accountable & responsibile
(and in some cases, liable) for their messages. But that won't happen... :
(

dlm


.

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