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AT&T Silences Criticism in New Terms of Service
marco13185 writes "AT&T's new Terms of Service give AT&T the right to suspend your account and all service "for conduct that AT&T believes"..."(c) tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries." After cooperating with the government's violations of privacy and liberties, I guess AT&T wants their fair share. AT&T users may want to think twice about commenting if they value their internet service."
They're not liable for what goes through their network because they are a common carrier. However, common carriers by definition do not monitor their network or censor for any reason... once you start down that slippery slope there's no going back.
You apparently share a common misunderstanding about our Constitution. The Constitution is a document which limits the powers of our government only. Thus the protections for citizens only cover government intervention into the lives of its citizens. The Constitution has no authority over, and does not regulate, the behavior between private citizens. Only the laws that the government passes (within the powers granted by the Constitution) can regulate that.
In general, telco divisions/companies/business units are common carriers; ISP divisions/companies/business units are not.
Your right to freedom of speech is NOT unlimited, it can't by. Why? Because if it was, it'd infringe on other rights. I mean lets say you are over at my house, chattering about something. I decide I want to go to bed. However you want to keep exercising your right to free speech and just keep talking to me, refusing to leave, refusing to let me sleep. See why that doesn't work?
The way I like to put it is "The right to freedom of speech does not imply the right to be heard." In other words you are free to scream all you want about whatever you want, but you aren't free to do it in my living room, I can kick you out if I want. You are free to write whatever you want, but you aren't free to do so on my web forums, I can kick you off. You are free to express your self as you want, but you aren't free to do so at work, they are free to fire you.
That's what people mean. Your free expression can have consequences with other private citizens, and the first amendment does not protect you from that. It can't as to do so would be to infringe on those other citizen's rights. What it protects you from is the government. The constitution is a document relating to the government. It lays out what powers the government gets to have, and places limitations on those powers. So it does say that the government can't come and arrest you for saying something they don't like.
Your rights are not unlimited, you are not king. Your rights end where mine (and everyone else's) begin. You'd do well to learn that concept, or you are in for some real nasty surprises later in life.