Recently some internet sites have been pumping out news and opinions reporting the reaction to Goodreads cracking down on those few who victimized authors with the goal of destroying reputations and careers in publishing. Some of the comments in this debate are angry; some are celebrating, and some are waiting to see if these changes are real.
I’m not going to go into detail about this issue. Instead, I want to look closely at freedom of speech and its limitations.
Do sites such as Goodreads and Amazon have a right to define limits to freedom of expression on their private sector internet sites? The answer is yes as you will discover.
The Limitations of Free Speech
If you read the 1st Amendment to the US Constitution carefully [it is short and to the point], you will discover that it was clearly meant to protect the opinions of American citizens from government harassment and persecution and in no way does freedom of speech mean you can say or write anything you want anywhere at any time without fear of censorship.
It wasn’t until the Supreme Court under Chief Justice Earl Warren [he served as Chief Justice 1953 – 1969] that the 1st Amendment was extended to local government—with no mention that freedom of expression in the private sector was protected by the U.S. Constitution.
Shaw Valenza.com says, “Federal free speech protections apply only to the government. The First Amendment to the U.S. Constitution, for example, does not regulate private employers.”
North Iowa Today.com says, “A private-sector employer has a lot of latitude as to what’s permitted or not with respect to political speech, or pushing any view for that matter.”
The Consensus of the Public
In conclusion, “The [U.S. Supreme] Court has also decided that the First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television, and public employees’ speech. … Furthermore, even speech that enjoys the most extensive First Amendment protection may be restricted on the basis of its content if the restriction passes strict scrutiny.”
Even international law says, “Freedom of expression is not absolute and every system of law provides for some limitations on it: For respect of the rights or reputations of others; for the protection of national security or of public order, or of public health or morals. This means that it is permissible to think the most evil and depraved thoughts, although giving expression to them may legitimately warrant a sanction.” Source: Centre for Law and Democracy
Lloyd Lofthouse is a former U.S. Marine, Vietnam Veteran and English-journalism teacher.
His latest novel is the award winning Running with the Enemy that started life as a memoir and then became a fictional suspense thriller. Blamed for a crime he did not commit while serving in Vietnam, his country considers him a traitor. Ethan Card is a loyal U.S. Marine desperate to prove his innocence or he will never go home again.
And the woman he loves and wants to save was trained to hate and kill Americans.
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