this post was submitted on 26 Feb 2024
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No Stupid Questions

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[–] Aidinthel@reddthat.com 27 points 1 year ago (2 children)

It's still censorship. The distinction is that most private entities can't enforce their censorship with violence.

[–] Taleya@aussie.zone 14 points 1 year ago (2 children)

There's also the fact that you can simply walk away from the business with minimal loss

Unless they have a monopoly

Unless you're under contract.

[–] ALostInquirer@lemm.ee 8 points 1 year ago* (last edited 1 year ago) (2 children)

Right, I was wondering if there might be a distinct term so that it might be clearer that a private entity's action is not a violation of rights in the sense that a government action might be. Thinking mainly of why xkcd #1357 tends to come up a lot

I think the key is to make sure you differentiate it from freedom of speech. The 1st amendment only applies to the government censoring you, while censorship isn't exclusive to the government.

[–] RightHandOfIkaros@lemmy.world 1 points 1 year ago* (last edited 1 year ago)

Depending on where something like this (cancelling a person, basically telling them they're a social outcast as indicated in the linked comic, etc) happens, it wouldn't necessarily violate constitutional rights, but it may qualify as emotional abuse and some places consider emotional abuse a crime equal to crimes like domestic abuse. It could also be fought in civil court where such a suit would not be considered criminal, which would likely be charged as "Intentional Infliction of Emotional Distress." It could be argued that the person is being treated too harshly or something, but that would be on a case by case basis.

Just because a constitutional right is not being violated doesn't mean something is right or okay to do, or that you are somehow safe from legal repercussions if the person decides to sue over it. Of course, the same legal action is also available to a person that feels offended/hurt/distressed/etc by something someone else says. You can sue for anything, afterall.

Businesses, just like people, also have the right to trespass people off of their private property, and I would imagine that forums and message boards of companies would be legally considered like such private property. So if someone is violating the rules, maybe they could try to sue for emotional distress but that case would be near impossible to win. The business/forum owner has the right to tell anyone they want to leave for any reason they want. Thats how it is.

[–] Sanctus@lemmy.world 15 points 1 year ago

Yeah its called Terms of Service

[–] Worx@lemmynsfw.com 11 points 1 year ago

Moderation. It happens online all the time when you break the terms of service

[–] gregorum@lemm.ee 10 points 1 year ago* (last edited 1 year ago)

Censorship is censorship. However, there’s a difference between government, censorship and censorship by private entities. Most free governments provide a framework for free speech, and thereby government censorship is seen as a violation of free speech. Similarly, that government provided free speech also protects private organizations, so they may, limit expression on Internet platforms, they host, for example. They can do what they want with their own property.

If you don’t like being censored by a private entity, you, as a private entity, can create your own platform with your own guidelines, on censorship, and or freedom of speech.

[–] Boozilla@lemmy.world 5 points 1 year ago

Sometimes I've heard people say such a policy has a "chilling effect" in this context. But that's probably not what you're looking for.

[–] tastysnacks@programming.dev 3 points 1 year ago

What about businesses that have extra protection from the government that prevents you from sueing them?

[–] DirigibleProtein@aussie.zone 2 points 1 year ago

In what context? Are you referring to Trade Secrets or Commercial-in-Confidence?

[–] xia@lemmy.sdf.org 2 points 1 year ago

NDA? Color-of-law? Might need more details or an example.

[–] db2@lemmy.world -5 points 1 year ago (1 children)
[–] HelixDab2@lemm.ee 1 points 1 year ago

No, typically Republicans are trying to use the power of the gov't to restrict free speech (see also: don't say gay laws, book bans, RFRAs, etc.). Although Dems do it too, typically with attempts to restrict social media platforms to "protect the children".