At 12:46 PM 1/30/99 -0800, you wrote:
>
>> If you did it with the post you'd get arrested.
>
>Well, as has been pointed out, this ain't the post. the laws are different.
Under the law, people have a right to talk. You have a right to walk away.
But if you disagree with what they say, you don't have the right to shut
them up... just to ignore the message.
>> There is an issue of free speech here btw.
>
>Bogus. Your right to free speech stops when you insist I have to
>listen. You can talk all you want. Nobody has to pay attention.
Free speech actually doesn't apply here. The 1st Amend only applies to the
State / Gov't, not individuals. The STATE can't infringe on your right to
speak. An individual doesn't have to give you their forum. So, for
example, if you are on the street corner & saying something I don't want to
hear, all I can do is walk away. But if I publish a newspaper, you don't
have a right to speak IN my newspaper. So while I can't stop you from
speaking, I don't have to give you the forum.
Now someone sending a UCE (and I'm not advocating it, but taking a
legalistic point of view) is not setting up a forum in your space (they
would if, for example, they forced their message into your web space). By
sending you a UCE its more like sitting on the street & babbling... you
don't like it - ignore it and walk away (or here hit delete). But they are
not hijacking your site or publishing under your forum by sending you a
message. There is a distinction.
Just my $0.02
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