[IP] more on You mean postings to MySpace aren't private? Who knew?

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Carl Malamud <carl@media.org>
Date: March 28, 2006 1:34:00 PM EST
To: dave@farber.net
Cc: ip@v2.listbox.com
Subject: Re: [IP] more on You mean postings to MySpace aren't  
private? Who knew?

> Begin forwarded message:
>
> From: Steven Hertzberg <stevenstevensteven@gmail.com>
> Date: March 28, 2006 1:15:37 PM EST
> To: dave@farber.net, ip@v2.listbox.com
> Subject: RE: [IP] You mean postings to MySpace aren't private? Who  
> knew?
>
> "Private schools, however, are not bound by the First Amendment  
> right to
> free speech"
>
> What about the statement above am I not understanding?  Can someone
> please
> explain to me how a school, private or otherwise, can penalize
> someone for
> exercising their unalienable right to free speech.

The First Ammendment reads: "Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech ..."

It doesn't read "Schools shall make no regulations, even if students
agree to those regulations by virtue of their enrollment in said
school, abridging the freedom of speech ..."

Note that there are some subtleties in how the first clause has
been interpreted by the Supreme Court that do indeed sometimes
get private actors, but the general principle is that the 1st
ammendment applies to *government action*.

Carl


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