13 day ban for offensive emblems

#71furbPosted 12/12/2012 1:25:39 PM(edited)
I'm not reading the whole thread. I always report offensive emblems. But I really want to address something.

First off, I have a Master's degree in Political Science. My specialization is American Government/Public Policy and Political Theory.

The first amendment applies to the government and not private operations. The government can not abridge your rights to free speech and free expression. This, of course, is barring obscenity law. Which is totally real and constitutional. There have been Supreme Court cases over the issues of obscenity and there are legal tests as to what is obscene and what is not. This, however, is not relevant in regards to Black Ops' terms of service. The freedom of speech does not apply to private enterprises. Private operations can operate terms of services regulating nearly all forms of speech and expression on their platforms. It's up to them. Just like how it's up to you to agree to them. Accessing Black Ops online servers are not a right granted to you in the Constitution. Sorry.

Further, free speech, when it is applicable, does not mean free from consequences. The famous example of this is yelling "FIRE" in a crowded theater or other cases involving inciting mobs. There's also the examples of libel and slander.

Basically, invoking first amendment rights in the case of emblems in Black Ops is based, at best, on a sophomoric understanding of the Constitution. It just does not apply. You just sort of have to lump this fact. Of course, you could always use your first amendment rights to form a coalition, and amend the Constitution in such a way where freedom of speech applies to private services. In fact, I recommend that course of action if it is such a meaningful issue to you.
---
You know how fads are. Today it's brains, tomorrow, pierced tongues. Then the next day, pierced brains.
-Jane Lane
#72darkshadowmasterPosted 12/12/2012 1:24:16 PM
manonfiya posted...
BobReill posted...
ITT
people breaking the rules that they agreed to not break and crying about being punished.

The problem is most peoples inflated sense of self. You think that as long as you are OK with it, that everyone else should just get over it, or not complain about it, not bothering to think that what you are doing is affecting other people. You think that the rest of society should bend to your will and be adjusted to your liking instead of you adjusting to societies needs. Its really just ignorance on its most basic level.


This^


B..BB..B. BUT..... IT'S "M" FOR MATURE..!?!
---
When I read about the evils of drinking, I gave up reading.
#73DXiRoNMaNPosted 12/12/2012 1:24:20 PM
BobReill posted...
DXiRoNMaN posted...
Superman070776 posted...
Cap1211 posted...
Yeah it is pretty harsh considering I am locked out of playing a game I payed 60 dollars for.

Reporting people for offensive emblems is offensive. This is America, where you are free to shock and disgust your fellow Americans with graphic depictions of the female anatomy.

All emblem reporters should be forced to permanently play as the Chinese, who in the future 2025 have Freedom Liquidation Squadrons dispatched to eliminate citizens found in possession of prohibited materials.


You have the right to be offensive, and we have the right to report it so you can be banned. You paid $60 for a Mature game, so act that way.


Anyone who reports has no sack


Any guy who has male genitalia of any kind in their emblem are really just closet homos who are afraid of what daddy will think if he finds out "JR." likes to ride the one eyed pony bologna. They think by making fun of it, it will deflect from the fact that they really enjoy it.


So what you hate gay people? This guy is a homphobe!
---
XBL- DXiRoNMaN PSN- DXiRoNMaN WiiFC- 7177 5213 2278 2695
"I'm like the only smartest one on this board with like 5 other people." - some moron
#74Tube_of_NoobPosted 12/12/2012 1:27:38 PM
I do get wuy people are so adamant about reporting offensive emblems. Which I do also, but I will admit that funny ones I don't report because I have a pretty broad sense of humor. For instance I saw one with "Chinese guys chasing down dolphins which some people would find racist, I however, laughed.
---
"Luckys an old buddy of mine...and by buddy I mean the a-hole that ruined my Momma's girl parts."
#75darkshadowmasterPosted 12/12/2012 1:29:25 PM
^
I wouldn't report that either.

If you can at least show that you put some thought & creativity/effort into the emblem I'll leave it. However slapping a penis on a dolphin and such will just be reported.
---
When I read about the evils of drinking, I gave up reading.
#76FreshSquillaPosted 12/12/2012 1:35:57 PM
It's only a matter of time before they just get rid of emblems all together. I'd miss my Blackhawks emblem but thats reality. Censorship has gained allot of steam over the last ten years. With all the crybabies sending floods of emblem reports everyday I wouldn't be shocked if they take it out next game.
---
psn: AMERICAN_GRITS
#77SerialVandalPosted 12/12/2012 1:39:01 PM
FreshSquilla posted...
It's only a matter of time before they just get rid of emblems all together. I'd miss my Blackhawks emblem but thats reality. Censorship has gained allot of steam over the last ten years. With all the crybabies sending floods of emblem reports everyday I wouldn't be shocked if they take it out next game.


Blame the kids who couldn't play by the rules.

Everyone knows you aren't supposed to make certain things in the emblem editor, but they think their being funny. I think it's even funnier to imagine their reactions when they find themselves banned.

If you don't play with the toy correctly don't be surprised when it gets taken away.
#78BrockObamaPosted 12/12/2012 1:41:01 PM
furb posted...
I'm not reading the whole thread. I always report offensive emblems. But I really want to address something.

First off, I have a Master's degree in Political Science. My specialization is American Government/Public Policy and Political Theory.

The first amendment applies to the government and not private operations. The government can not abridge your rights to free speech and free expression. This, of course, is barring obscenity law. Which is totally real and constitutional. There have been Supreme Court cases over the issues of obscenity and there are legal tests as to what is obscene and what is not. This, however, is not relevant in regards to Black Ops' terms of service. The freedom of speech does not apply to private enterprises. Private operations can operate terms of services regulating nearly all forms of speech and expression on their platforms. It's up to them. Just like how it's up to you to agree to them. Accessing Black Ops online servers are not a right granted to you in the Constitution. Sorry.

Further, free speech, when it is applicable, does not mean free from consequences. The famous example of this is yelling "FIRE" in a crowded theater or other cases involving inciting mobs. There's also the examples of libel and slander.

Basically, invoking first amendment rights in the case of emblems in Black Ops is based, at best, on a sophomoric understanding of the Constitution. It just does not apply. You just sort of have to lump this fact. Of course, you could always use your first amendment rights to form a coalition, and amend the Constitution in such a way where freedom of speech applies to private services. In fact, I recommend that course of action if it is such a meaningful issue to you.


More simply, you have absolute freedom of speech unless you agree to give it up. (This is what happens in most situations regarding private entities - you actually impliedly forfeit a right by using the service).

By playing this game online, you agree to forfeit many of your rights in regard to the game. That's really the simplest way to look at it. You also cannot raise the argument that because you did not read the Terms of Service, you aren't bound by them. You agree that you HAVE read the Terms of Service by playing online, which is binding.

There's nothing in the law that says you do not have the power to sign away your rights. By playing CoD online, you lose the power to raise any free speech claim. Also, unless Activision or Microsoft actually harms you in some way, there's not really much you can do.
#79DXiRoNMaNPosted 12/12/2012 1:41:29 PM
SerialVandal posted...
FreshSquilla posted...
It's only a matter of time before they just get rid of emblems all together. I'd miss my Blackhawks emblem but thats reality. Censorship has gained allot of steam over the last ten years. With all the crybabies sending floods of emblem reports everyday I wouldn't be shocked if they take it out next game.


Blame the kids who couldn't play by the rules.

Everyone knows you aren't supposed to make certain things in the emblem editor, but they think their being funny. I think it's even funnier to imagine their reactions when they find themselves banned.

If you don't play with the toy correctly don't be surprised when it gets taken away.


I can imagine you were the kid who ratted on other kids at school and got your ass beat afterwards
---
XBL- DXiRoNMaN PSN- DXiRoNMaN WiiFC- 7177 5213 2278 2695
"I'm like the only smartest one on this board with like 5 other people." - some moron
#80N_S_RPosted 12/12/2012 1:43:09 PM
FreshSquilla posted...
With all the crybabies sending floods of emblem reports everyday I wouldn't be shocked if they take it out next game.


Saying that the crybabies reporting emblems are causing 3Arch grief is like saying that the smoke alarm irritates you when there's a fire. They put the reporting system in so that they would know when someone was violating their terms.