On Thu, 22 May 2008, Ben Caplan wrote: > On Thursday 22 May 2008 4:45:40 Kerim Aydin wrote: >> On Thu, 22 May 2008, ihope wrote: >>> R101 protects my right to participate in the fora. Revealing private >>> contracts is participating in the fora. R101 takes precedence over >>> R2173. >> >> If this were true, the "right to free speech" in the U.S. Constitution >> would prohibit NDAs. Which it clearly doesn't. -Goethe > > In the USA, constitutional rights can be voluntarily waived as part of > a contract. In Agora, this is only true of priveleges.
Well it's more than that (the whole "fire in a public theater" issue). Specifically, "participation in the fora" may refer to the general ability to post messages and the requirement that Agora legally acknowledge messages sent via the fora mechanisms, rather than the guarantee that any content whatsoever (e.g. telling lies) that is sent is completely unpunishable and without consequences. I say this knowing that this hasn't been tested one way or the other in the courts and I would not be surprised if the court went either way. -Goethe
