The Health Care Question
By Bob Hubbard
Recently, the following question came in to me at Martialtalk.
Question
"What are people doing for health insurance if they don't have coverage via a spouse? I know some people "go naked" which seems very unsafe. Can you get health insurance via NAPMA and the like? What's typical for a single martial artist with his or her own school?"
The answer unfortunately isn't a great one. Health insurance is a confusing mess right now unfortunately. There is no national system to connect to, so you are left to a maze of confusing offerings that vary from state to state. Plans for the self employed also tend to cost more than comparable plans offered to the employees.
Most insurance companies also refuse to cover "prior" conditions, the definition of 'prior' up to them.
Available plans, terms, rates and insurers vary by state as well.
Here are some resources to help you wade through the maze.
healthinsuranceinfo.net.
This site, maintained by the Georgetown Health Policy Institute, shows a map of the country and after clicking on a state, a document is downloaded that covers everything from what kinds of programs are available to small-business owners to whether there is a high-risk pool available for those who have been rejected by insurance providers.
ehealthinsurance.com
This site allows you to compare a variety of policies offered through about 70 insurance providers. One restriction: ehealthinsurance.com does not serve consumers in all states. Rhode Island, Vermont, Massachusetts, Maine and North Dakota are excluded.
Other starting points are local Chamber of Commerce, the Small Business Service Bureau (sbsb.com), and local independent insurance agents.
You can also check with the Freelancers Union, however the union also has some limitations. It operates in only 30 states, and you have to work in one of the industries or occupations it serves.
Some martial arts organizations such as MATA look to offer varying programs, so contacing them is a good idea. They may have affiliate or group programs that you can tie into potentially saving a good deal of cash.
Regardless of who you end up with, several other steep obstacles await. Monthly premiums exceeding $500-1,000 for an individual seem to be common, and that is for people in good health. For those with health issues, you will face an uphill battle finding an insurer who will cover you.
=========
Bob Hubbard is an administrator of the popular martial arts portal site MartialTalk.com and president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists. Bob can be reached at webmaster@martialtalk.com
Article Copyright © 2008 - Bob Hubbard - All Rights Reserved.
This article may be reproduced provided all text, the author bio and these terms are kept intact.
Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts
Monday, December 8, 2008
Friday, November 7, 2008
Q&A: Photos in the school, do I need a release?
Question:
I'm taking some photos in my school and want to use them on my web site. Do I need any one to sign a release?
Answer:
If you are simply covering a public event, then usually no. If however you intend to use these photos in any way that can be seen as an invasion of privacy, or for commercial gain, or use on a commercial website, then you should have all those show sign a release form.
A simple, sample release:
I ________________ Hereby grant all rights to (PHOTOGRAPHER) to sell or publish any photographs taken of the following subjects today. This permission is permanent, and I claim no future compensation.
Fill in all applicable.
Name:____________________________
Minor: ____________________________
Property: _________________________
Signature: ________________________ Date: ______________
A discussion of this and some other related points is available on MartialTalk.
I'm taking some photos in my school and want to use them on my web site. Do I need any one to sign a release?
Answer:
If you are simply covering a public event, then usually no. If however you intend to use these photos in any way that can be seen as an invasion of privacy, or for commercial gain, or use on a commercial website, then you should have all those show sign a release form.
A simple, sample release:
I ________________ Hereby grant all rights to (PHOTOGRAPHER) to sell or publish any photographs taken of the following subjects today. This permission is permanent, and I claim no future compensation.
Fill in all applicable.
Name:____________________________
Minor: ____________________________
Property: _________________________
Signature: ________________________ Date: ______________
A discussion of this and some other related points is available on MartialTalk.
Monday, November 3, 2008
People You Don't Like Are Online Too...
People You Don't Like Are Online Too...
By Bob Hubbard
Over the last 7+ years I have been operating several online communities. Prior to that I ran or assisted on old style dial up bulletin boards (BBS's). So, I've seen quite a lot of interesting things in the maze of human online interactions. A common problem is when person A doesn't like person B. This can be for any of thousand reasons. From basic philosophical differences, political or religious, past personal history, to they just rub you the wrong way. Sometimes it's a huge reason, and other times, it's a reason that seems to make no sense or be so minor an issue as to be beneath notice. It doesn't matter, there's a problem, and they will let you know it.
The way they let you know varies, but in many cases will rotate through all of these stages.
* Don't complain about anything. Always stay silent, or complain in topic wondering where the moderators are. Don't they care? Don't they read everything on this 20,000 member 2,000 post a day site? Why aren't they here, right now taking care of the problem?
* Complain about every thing the other person says to management. Everything the "disliked" person says online must somehow be directed at you, so you must inform the management of this "vile troll" at every chance. His comment "Nice weather" must directly refer in secret code to the 2 feet of snow you had to shovel and hurt your back, so he is calling you weak even though he is a thousand miles away in balmy 70' weather. It's a shot and you're telling. So you private message, email and/or report that post, then since 5 whole minutes have passed and no one has done anything (since everyone knows site admins live by their systems and never leave) you fire back a heated message.
* Give up complaining since "they never do anything anyway" and begin posting your own preemptive attacks, always taking a moment to add in a complaint or shot at the slow acting and secretly supportive of the other guy site staff. When they staff tire of this and call you on it, your indignation is of course completely justified. After all, if they had just listened to you at first, there would have been no need for you to throw manners away, and how dare they tell you to behave? After all, "he's" to blame because he's there.
* Go to other sites and complain about the site and it's staff. After all, it sucked and they sucked too because they let "him" get away with everything, and all you were trying to do was call him on it. How dare they try to tell you that you weren't being a good member!
* When told to use built in tools like "ignore lists" or "buddy lists" or "filters" puff up and let them know clearly that you don't buy into that sissy stuff. Of course, just using your own built in ability to ignore things doesn't work either, because if you did, you would never see all those people talking about you.
* You quit. You go to other sites and complain how much the old site sucks and how they let their favored people attack you without fear of reprisal, and how you were singled out for just "standing up for yourself". You visit on occasions so that you can keep tabs on the conspiracy, and are sure to mention how you were "run off" or "quit because they sucked" at every chance.
Sound familiar? Know anyone who fits one or more of these? Do they fit you? Then, read on.
Most people are intelligent folks. They wouldn't go to a movie and sit quietly as some rude jerk yacks on their cell phone. They would go find an usher and get the idiot shut up. They wouldn't accept rude server at a checkout counter, they would call over a manager and lodge a complaint. Someone's smoking in the no-smoking area? Call a manager who will handle it. They don't however make the call, then get up and slap the other person around a bit until help arrives. During our lives we encounter thousands of situations that require we either ignore it as not worth our while, or call for assistance and let them deal with things. Online, somehow people think the rules are different, should be immediate, and shouldn't apply to us when we are "taking care of things ourselves".
To avoid many headaches online, most communities have installed filters, sometimes called "ignore lists". Use them. Put those who annoy you on them. If you choose not to because sometimes they do post something you like, then learn to filter out the rest and have the maturity to not fire back a heated response. Otherwise, the "pompous know-it-all", the "hot head", the salesman, the "everything outside of me is inferior" and the" I was to the mountain and have been anointed" all should be placed on your own ignore list, filtering out their comments and cleansing your experience. If you see them quoted by others, stop reading once you see their name and just move on to the next post. Most of these guys thrive on the attention and the audience, and if you don't feed them, they starve and leave.
Because staff are often overworked, and unpaid, and have real lives that don't revolve around groups, lists and forums, it may take a while for them to receive every complaint. Sometimes, they need time to confer among themselves to decide if something truly is a rules violation, or a legal violation, and what course of action is needed to solve the problem. Patience you must have, and resist the urge to grab torch and pitchfork.
Sitting there in silence when there is a problem never solves is, but neither does complaining every 5 minutes. The person who calls 911 (or whatever your emergency number is in your area) can be cited for abuse. Reporting 20 posts in 5 minutes, or every post good and bad from an individual, or threatening to "do something if you won't" usually qualifies as abuse on most sites. Harassing the staff is never a good idea.
Going elsewhere also rarely works. In some cases, it is a good idea. You and the community just don't share the same ideals or just can't get in sync. But going elsewhere and complaining all the time really makes as little sense as having a bad time at Walmart and going to Target and tracking down every customer and employee and telling them about it.
Most sites try to run within a set list of rules, and be as fair as possible. Biases will always be there as it's human nature. However if you work within the system, use the tools available, and give people time to help you, you will greatly enhance your own enjoyment of the site, as well as the enjoyment of your fellow members, most of whom aren't there to watch school yard arguments (though there are sites dedicated to such things) but to learn, relax and network with other like minded people.
Use the tools provided, give the staff time to handle things, learn to ignore the small stuff, and help the staff by not being a problem causer yourself, and the site will prosper and your enjoyment of it will benefit.
===
Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists as well as a professional photographer. More of Bob's articles can be found at rustaz.net.
Copyright ©2007 Bob Hubbard - Copies of this article are free to distribute, provided all text is retained intact.
By Bob Hubbard
Over the last 7+ years I have been operating several online communities. Prior to that I ran or assisted on old style dial up bulletin boards (BBS's). So, I've seen quite a lot of interesting things in the maze of human online interactions. A common problem is when person A doesn't like person B. This can be for any of thousand reasons. From basic philosophical differences, political or religious, past personal history, to they just rub you the wrong way. Sometimes it's a huge reason, and other times, it's a reason that seems to make no sense or be so minor an issue as to be beneath notice. It doesn't matter, there's a problem, and they will let you know it.
The way they let you know varies, but in many cases will rotate through all of these stages.
* Don't complain about anything. Always stay silent, or complain in topic wondering where the moderators are. Don't they care? Don't they read everything on this 20,000 member 2,000 post a day site? Why aren't they here, right now taking care of the problem?
* Complain about every thing the other person says to management. Everything the "disliked" person says online must somehow be directed at you, so you must inform the management of this "vile troll" at every chance. His comment "Nice weather" must directly refer in secret code to the 2 feet of snow you had to shovel and hurt your back, so he is calling you weak even though he is a thousand miles away in balmy 70' weather. It's a shot and you're telling. So you private message, email and/or report that post, then since 5 whole minutes have passed and no one has done anything (since everyone knows site admins live by their systems and never leave) you fire back a heated message.
* Give up complaining since "they never do anything anyway" and begin posting your own preemptive attacks, always taking a moment to add in a complaint or shot at the slow acting and secretly supportive of the other guy site staff. When they staff tire of this and call you on it, your indignation is of course completely justified. After all, if they had just listened to you at first, there would have been no need for you to throw manners away, and how dare they tell you to behave? After all, "he's" to blame because he's there.
* Go to other sites and complain about the site and it's staff. After all, it sucked and they sucked too because they let "him" get away with everything, and all you were trying to do was call him on it. How dare they try to tell you that you weren't being a good member!
* When told to use built in tools like "ignore lists" or "buddy lists" or "filters" puff up and let them know clearly that you don't buy into that sissy stuff. Of course, just using your own built in ability to ignore things doesn't work either, because if you did, you would never see all those people talking about you.
* You quit. You go to other sites and complain how much the old site sucks and how they let their favored people attack you without fear of reprisal, and how you were singled out for just "standing up for yourself". You visit on occasions so that you can keep tabs on the conspiracy, and are sure to mention how you were "run off" or "quit because they sucked" at every chance.
Sound familiar? Know anyone who fits one or more of these? Do they fit you? Then, read on.
Most people are intelligent folks. They wouldn't go to a movie and sit quietly as some rude jerk yacks on their cell phone. They would go find an usher and get the idiot shut up. They wouldn't accept rude server at a checkout counter, they would call over a manager and lodge a complaint. Someone's smoking in the no-smoking area? Call a manager who will handle it. They don't however make the call, then get up and slap the other person around a bit until help arrives. During our lives we encounter thousands of situations that require we either ignore it as not worth our while, or call for assistance and let them deal with things. Online, somehow people think the rules are different, should be immediate, and shouldn't apply to us when we are "taking care of things ourselves".
To avoid many headaches online, most communities have installed filters, sometimes called "ignore lists". Use them. Put those who annoy you on them. If you choose not to because sometimes they do post something you like, then learn to filter out the rest and have the maturity to not fire back a heated response. Otherwise, the "pompous know-it-all", the "hot head", the salesman, the "everything outside of me is inferior" and the" I was to the mountain and have been anointed" all should be placed on your own ignore list, filtering out their comments and cleansing your experience. If you see them quoted by others, stop reading once you see their name and just move on to the next post. Most of these guys thrive on the attention and the audience, and if you don't feed them, they starve and leave.
Because staff are often overworked, and unpaid, and have real lives that don't revolve around groups, lists and forums, it may take a while for them to receive every complaint. Sometimes, they need time to confer among themselves to decide if something truly is a rules violation, or a legal violation, and what course of action is needed to solve the problem. Patience you must have, and resist the urge to grab torch and pitchfork.
Sitting there in silence when there is a problem never solves is, but neither does complaining every 5 minutes. The person who calls 911 (or whatever your emergency number is in your area) can be cited for abuse. Reporting 20 posts in 5 minutes, or every post good and bad from an individual, or threatening to "do something if you won't" usually qualifies as abuse on most sites. Harassing the staff is never a good idea.
Going elsewhere also rarely works. In some cases, it is a good idea. You and the community just don't share the same ideals or just can't get in sync. But going elsewhere and complaining all the time really makes as little sense as having a bad time at Walmart and going to Target and tracking down every customer and employee and telling them about it.
Most sites try to run within a set list of rules, and be as fair as possible. Biases will always be there as it's human nature. However if you work within the system, use the tools available, and give people time to help you, you will greatly enhance your own enjoyment of the site, as well as the enjoyment of your fellow members, most of whom aren't there to watch school yard arguments (though there are sites dedicated to such things) but to learn, relax and network with other like minded people.
Use the tools provided, give the staff time to handle things, learn to ignore the small stuff, and help the staff by not being a problem causer yourself, and the site will prosper and your enjoyment of it will benefit.
===
Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists as well as a professional photographer. More of Bob's articles can be found at rustaz.net.
Copyright ©2007 Bob Hubbard - Copies of this article are free to distribute, provided all text is retained intact.
Monday, October 20, 2008
The Reality of Anonymous Posting.
The Reality of Anonymous Posting.
By Bob Hubbard
There are well over a 10 million forums, lists, chat rooms, news groups, blogs, journals and discussion areas on the internet today. On many of them, there is a debate on using handles or aliases or fake names. The bottom line is, there is no such thing as true anonymity online today. Oh, there are ways you can make it harder to figure out, but with enough time, resources and in some cases money, your identity can be found.
The first level of anonymity is the handle. A handle, or alias can be anything from a nickname, to a login name, to a cute saying or a fake name. "DaffyDuck2525" and "Nose Picker" are 2 examples of aliases. In some cases, they reflect a fantasy personality, associated with things like science fiction fandom, or reenactment organizations. Many people use them for fun, and don't really hide much, however there are those who will gladly use as many false identities as they can, to cause trouble and give the illusion that many hold a certain opinion, when in truth, it is only a few. Some sites have forbidden the use of handles, as it is hard to hold a professional discussion with someone named "Hot Dog" using the picture of a puppy n fire as their public face.
The second level of anonymity is the fake name. This is different than the handle, which is often obvious. The fake name is the easiest way to hide, as there are few ways to verify you are who you say you are online. Some people go to great lengths in their use of fake realistic names, creating elaborate histories, and getting one or more known-real people to vouch for them. When put on the spot, they will often claim to have never been photographed, or taped, and will refuse any meetings requested of them. Their verifiers will step to their defense and reiterate that they are real, and they know them well. While many sites will allow the use of handles, they will insist that you "sign" your posts with your name. While this can give some credibility, short of requesting notarized copies of government issued ID or credit cards, these are hard to prove especially when enough known-real people insist on their existence. Other means must be used to disprove this tactic.
The third level is the fake or throw-away email address. We all get tons of spam, and hear worries of identity theft daily. Some resort to temporary or throw away addresses through the numerous free email services out there. A favorite tactic of spammers and certified internet troublemakers, also known as 'trolls', more and more the free services are being blocked from reputable sites.
The forth level of anonymity if the proxy server / anonymizer service. These services, sometimes free, sometimes for a fee will allow you to surf the net, under a sort of 'cloak'. Some background information is needed here. Each computer that connects to the internet is assigned an id number, called an IP address. It's kind of like a phone number for your computer. When you connect to another computer, it gives your IP number as an identifier. The anonymizer service doesn't block your number, it simply reports a false one to the answering system. While hard to identify and block, they are not perfect. Not all services are as anonymous as they claim, and there are ways to find who really did make the connection, a fact that some today have discovered the hard way after law enforcement traced them.
In short, regardless if you surf as "John Smith", "Jeffery Dillion III" or "Captain Caveman", the people who run the sites, the engineers at the data centers who run the computers, and the boys in blue can with some time and effort, find out who you are.
The use of a handle can be fun. It adds flavor to hobbiest sites, can be used to advertise your business or your proficiency at a subject. They can also however be used to cause problems, sow dissent and otherwise disrupt a community. More and more, professionally oriented sites are either discouraging them, or banning them outright as a result.
So, use your handle, have fun, but don't be expected to be taken seriously unless you post under a verifiable real name. After all, who would take advice from someone named after a mouse?
===
Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists as well as a professional photographer.
Copyright ©2007 Bob Hubbard - Copies of this article are free to distribute, provided all text is retained intact.
By Bob Hubbard
There are well over a 10 million forums, lists, chat rooms, news groups, blogs, journals and discussion areas on the internet today. On many of them, there is a debate on using handles or aliases or fake names. The bottom line is, there is no such thing as true anonymity online today. Oh, there are ways you can make it harder to figure out, but with enough time, resources and in some cases money, your identity can be found.
The first level of anonymity is the handle. A handle, or alias can be anything from a nickname, to a login name, to a cute saying or a fake name. "DaffyDuck2525" and "Nose Picker" are 2 examples of aliases. In some cases, they reflect a fantasy personality, associated with things like science fiction fandom, or reenactment organizations. Many people use them for fun, and don't really hide much, however there are those who will gladly use as many false identities as they can, to cause trouble and give the illusion that many hold a certain opinion, when in truth, it is only a few. Some sites have forbidden the use of handles, as it is hard to hold a professional discussion with someone named "Hot Dog" using the picture of a puppy n fire as their public face.
The second level of anonymity is the fake name. This is different than the handle, which is often obvious. The fake name is the easiest way to hide, as there are few ways to verify you are who you say you are online. Some people go to great lengths in their use of fake realistic names, creating elaborate histories, and getting one or more known-real people to vouch for them. When put on the spot, they will often claim to have never been photographed, or taped, and will refuse any meetings requested of them. Their verifiers will step to their defense and reiterate that they are real, and they know them well. While many sites will allow the use of handles, they will insist that you "sign" your posts with your name. While this can give some credibility, short of requesting notarized copies of government issued ID or credit cards, these are hard to prove especially when enough known-real people insist on their existence. Other means must be used to disprove this tactic.
The third level is the fake or throw-away email address. We all get tons of spam, and hear worries of identity theft daily. Some resort to temporary or throw away addresses through the numerous free email services out there. A favorite tactic of spammers and certified internet troublemakers, also known as 'trolls', more and more the free services are being blocked from reputable sites.
The forth level of anonymity if the proxy server / anonymizer service. These services, sometimes free, sometimes for a fee will allow you to surf the net, under a sort of 'cloak'. Some background information is needed here. Each computer that connects to the internet is assigned an id number, called an IP address. It's kind of like a phone number for your computer. When you connect to another computer, it gives your IP number as an identifier. The anonymizer service doesn't block your number, it simply reports a false one to the answering system. While hard to identify and block, they are not perfect. Not all services are as anonymous as they claim, and there are ways to find who really did make the connection, a fact that some today have discovered the hard way after law enforcement traced them.
In short, regardless if you surf as "John Smith", "Jeffery Dillion III" or "Captain Caveman", the people who run the sites, the engineers at the data centers who run the computers, and the boys in blue can with some time and effort, find out who you are.
The use of a handle can be fun. It adds flavor to hobbiest sites, can be used to advertise your business or your proficiency at a subject. They can also however be used to cause problems, sow dissent and otherwise disrupt a community. More and more, professionally oriented sites are either discouraging them, or banning them outright as a result.
So, use your handle, have fun, but don't be expected to be taken seriously unless you post under a verifiable real name. After all, who would take advice from someone named after a mouse?
===
Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists as well as a professional photographer.
Copyright ©2007 Bob Hubbard - Copies of this article are free to distribute, provided all text is retained intact.
Monday, October 13, 2008
Misunderstanding your Rights - Freedom of Speech and the Online World
Misunderstanding your Rights - Freedom of Speech and the Online World
By Bob Hubbard
Recently, events on several discussion boards, and online communities have left me shaking my head, yet again, in disbelief. It seems that too often, when someone is moderated on a discussion board, or mailing list, or chat room, that they start screaming about their "rights" being violated. As if they are somehow allowed to say whatever they want, whenever they want, without worry of censure, or repercussion. Often, these complaints bring up the American Constitution, more specifically the First Amendment, as the reason why these comments should be allowed. Other times, it is used as the reason why an online rant, vent or other such scree should be allowed, and the poster held not-liable for its contents.
I am going to cite one such comment here. I am not singling this person out, there have been many such comments made. Few however actually take the time to cite the actual Amendment.
" Disclaimer: The following LJ entry falls under the first amendment of the U.S. Constitution. The Bill of Rights states, "congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." With that said, by clicking on the LJ cut, you understand that you cannot file any lawsuit or press any charges against me."
Ok. Let us take this apart, piece by piece.
"congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
Translation: Congress will make no law saying you cannot worship as your believe.
"or abridging the freedom of speech, or of the press;"
Translation: Congress cannot deny you the right to say or print your mind.
"or the right of the people peaceably to assemble,"
Translation: Congress cannot deny you the right to gather together as long as you remain peaceful.
" and to petition the government for a redress of grievances."
Translation: Congress cannot deny you the right to contact your representative and tell him about your problems.
Here is the misunderstanding. Congress, and by meaning, the Government, cannot do this. It does not deny private enterprise the right or ability to do this however.
If I, as a private enterprise, decide that I will not allow swearing, you may not swear while having dealings with my enterprise.
If I decide that I do not want you to discuss certain biological acts in the presence of my 5 year old, that does not "violate your First Amendment Free-Speech rights".
If I decide that no discussion of Floppyology will be tolerated on this site, then, one may not discuss Floppyology here.
Too often, ill informed, poorly educated, and the outright stupid seem to think that the US First Amendment means they can say whatever they want.
It Does Not.
As I wrote several months ago in response to one such claim: " We aren't Congress. The people who scream the loudest about this right being violated, seem to constantly be those who understand it the least. Simply put, it doesn't apply on a web board. The only rights as to what may be said on a private board, are the rights granted to you. Our rules are pretty clear on what is not allowed, and we allow a great deal of leeway as to what you may discuss and how. All we usually ask is that you do it in a friendly way. Before screaming at us about your rights being violated, you may want to take some time to actually understand just what rights you have, and the responsibilities they require of you."
If I as a newspaper, or magazine, or book, or e-zine publisher refuse to publish what you wrote, I am not violating your 1st Amendment Rights. It may be censorship, it may not be. It may simply be that the publishers of said publication feel that your comments do not fit with their target. For example, an anti-war piece may be excellently researched, well formed, and well presented. But a very poor fit in a magazine about bunnys. The editor of "Bunny Weekly" would be within their own rights to not run your piece.
The First Amendment applies to US Citizens, and protects them from Government Censorship.
It does not protect you from Private Censorship.
It does not protect you in a foreign nation.
It does not apply to non-US Citizens.
It is designed, specifically to prevent the US Government, from denying certain rights to US Citizens. Period. It doesn't stop a newspaper from pulling a story and it doesn't stop a web forum from removing a post. Oliver Wendell Holmes said it best when he wrote "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic". You have the right to free speech. You also can be held accountable for its use.
The writers closing comment " With that said, by clicking on the LJ cut, you understand that you cannot file any lawsuit or press any charges against me." is what is considered a "click-through" license. It does not magically forgive libel or defamatory comments. IF you write libelous and defamatory statements, regardless of any "click through licenses", "waivers" or their ilk, you may still be guilty of libelous statements. You may still be sued by the wronged party. You may still be liable for damages. You may still go to jail.
This may look like I am targeting 1 individual. I am not. I have been dealing in the "online" world now for 20 years. For 5 years I have been running numerous online communities, full of interesting and wonderful individuals. There is sadly a trend it seems however, when someone is moderated, or suspended, or even banned from a forum or list, or simply doesn't get their way, that they scream about their rights being trampled upon. Before one goes on about their rights being suppressed, one should take the time to see not just what those rights really grant, but also what responsibilities those rights demand of the holder.
Otherwise, you run the risk of not simply looking foolish online, but of losing those rights altogether in todays world of ever encroaching government abuse.
===
Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists.
By Bob Hubbard
Recently, events on several discussion boards, and online communities have left me shaking my head, yet again, in disbelief. It seems that too often, when someone is moderated on a discussion board, or mailing list, or chat room, that they start screaming about their "rights" being violated. As if they are somehow allowed to say whatever they want, whenever they want, without worry of censure, or repercussion. Often, these complaints bring up the American Constitution, more specifically the First Amendment, as the reason why these comments should be allowed. Other times, it is used as the reason why an online rant, vent or other such scree should be allowed, and the poster held not-liable for its contents.
I am going to cite one such comment here. I am not singling this person out, there have been many such comments made. Few however actually take the time to cite the actual Amendment.
" Disclaimer: The following LJ entry falls under the first amendment of the U.S. Constitution. The Bill of Rights states, "congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." With that said, by clicking on the LJ cut, you understand that you cannot file any lawsuit or press any charges against me."
Ok. Let us take this apart, piece by piece.
"congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
Translation: Congress will make no law saying you cannot worship as your believe.
"or abridging the freedom of speech, or of the press;"
Translation: Congress cannot deny you the right to say or print your mind.
"or the right of the people peaceably to assemble,"
Translation: Congress cannot deny you the right to gather together as long as you remain peaceful.
" and to petition the government for a redress of grievances."
Translation: Congress cannot deny you the right to contact your representative and tell him about your problems.
Here is the misunderstanding. Congress, and by meaning, the Government, cannot do this. It does not deny private enterprise the right or ability to do this however.
If I, as a private enterprise, decide that I will not allow swearing, you may not swear while having dealings with my enterprise.
If I decide that I do not want you to discuss certain biological acts in the presence of my 5 year old, that does not "violate your First Amendment Free-Speech rights".
If I decide that no discussion of Floppyology will be tolerated on this site, then, one may not discuss Floppyology here.
Too often, ill informed, poorly educated, and the outright stupid seem to think that the US First Amendment means they can say whatever they want.
It Does Not.
As I wrote several months ago in response to one such claim: " We aren't Congress. The people who scream the loudest about this right being violated, seem to constantly be those who understand it the least. Simply put, it doesn't apply on a web board. The only rights as to what may be said on a private board, are the rights granted to you. Our rules are pretty clear on what is not allowed, and we allow a great deal of leeway as to what you may discuss and how. All we usually ask is that you do it in a friendly way. Before screaming at us about your rights being violated, you may want to take some time to actually understand just what rights you have, and the responsibilities they require of you."
If I as a newspaper, or magazine, or book, or e-zine publisher refuse to publish what you wrote, I am not violating your 1st Amendment Rights. It may be censorship, it may not be. It may simply be that the publishers of said publication feel that your comments do not fit with their target. For example, an anti-war piece may be excellently researched, well formed, and well presented. But a very poor fit in a magazine about bunnys. The editor of "Bunny Weekly" would be within their own rights to not run your piece.
The First Amendment applies to US Citizens, and protects them from Government Censorship.
It does not protect you from Private Censorship.
It does not protect you in a foreign nation.
It does not apply to non-US Citizens.
It is designed, specifically to prevent the US Government, from denying certain rights to US Citizens. Period. It doesn't stop a newspaper from pulling a story and it doesn't stop a web forum from removing a post. Oliver Wendell Holmes said it best when he wrote "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic". You have the right to free speech. You also can be held accountable for its use.
The writers closing comment " With that said, by clicking on the LJ cut, you understand that you cannot file any lawsuit or press any charges against me." is what is considered a "click-through" license. It does not magically forgive libel or defamatory comments. IF you write libelous and defamatory statements, regardless of any "click through licenses", "waivers" or their ilk, you may still be guilty of libelous statements. You may still be sued by the wronged party. You may still be liable for damages. You may still go to jail.
This may look like I am targeting 1 individual. I am not. I have been dealing in the "online" world now for 20 years. For 5 years I have been running numerous online communities, full of interesting and wonderful individuals. There is sadly a trend it seems however, when someone is moderated, or suspended, or even banned from a forum or list, or simply doesn't get their way, that they scream about their rights being trampled upon. Before one goes on about their rights being suppressed, one should take the time to see not just what those rights really grant, but also what responsibilities those rights demand of the holder.
Otherwise, you run the risk of not simply looking foolish online, but of losing those rights altogether in todays world of ever encroaching government abuse.
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Bob Hubbard is an administrator of the popular martial arts sites MartialTalk.com and KenpoTalk.com. He is president of SilverStar WebDesigns inc., a web site design and hosting company specializing in affordable solutions for martial artists.
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