Originally Posted by
JMB
My note plainly keeps your point in mind and even addresses it.
And it is also worth keeping in mind that when an individual ventures out from his private space to involve and entangle himself in public space, then his actions are judged by a higher social standard. He can do mostly what he pleases in his living room, but not in public. An owner of the forum, of course, does not own the Internet. Hence, if the forum owner does not respect the rights of free expression of the broader public culture that uses the Internet, then he casts a shadow over his own right to be involved in the Internet in the first place. The situation is roughly analogous to the bar keep who insists that because he owns his bar he can control it in any manner that he sees fit. But the public holds him to a higher standard and rejects his right to absolute control of his private space if he maintains practices harmful to the broader culture. For example, the private owner might insist that only the members of one race enter his private bar that is otherwise open to the public.
We always have to consider whether an individual exercises his private property rights (in this case his intellectual property rights) in such a way that is not harmful to the broader culture that he seeks to engage for private purposes. I believe that the moderator has a shallow understanding of the issue that he seeks to moderate and of the importance of free expression on the Internet and in American culture.
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