On 04:43 PM 8/28/97 -0400, the following was submitted for consideration by
Philo:
>The analysis stops right there. The First Amendment (for those who wave it
>around so vigorously without reading it) starts "Congress shall make no
>law..." You are not Congress. You are not the government, nor are you
>acting in a gov't sanctioned capacity.
>
>It is your list to do as you choose. If someone does not like it, there is
>nothing keeping them from starting their own list.

Another arguement is whether or not we list owners are members of the
working press to begin with.  As a professional journalist and broadcaster
for the last  fifteen years I would say NO we are not members of the press
and therefore those press laws such as the First Amendment do no apply to
us.  Libel? No.  Slander? Yes.

These lists are discussion groups where anyone can voice their opinions
about the topic of the list.  And the Listowner has the right to control
the discussion as much as the moderator of any corporate meeting would do
so.  This is really nothing more than an email based chat group, I would
think.  Otherwise look at all those people that get kicked out of IRC for
excessive flooding, language, etc.

Basically, there comes a time when you just have to tell a person to shut
up and its nothing more than that.  This person is just hoping to scare you
back into your corner so he or she can control the group.  State your
position and rules, tell them to follow them or leave.  If they don't, then
unsub and ban them from the list.  Same goes for the buddies on the list as
well.

My two pennies.

Paul
[log in to unmask]