Does Microsofts new rep system censor freedom of speech?

#81XxReklawxXPosted 3/27/2014 5:44:07 PM
no it doesn't because you sign you soul away when you go to microsoft..
however i dont agree that you can be banned for cursing..maybe on like a E rated game but if its a M rated game you should be able to say whatever you want.

Honestly do you care if another adult uses The "F" bomb or the big "C"...
If you are a adult and you report someone for languege...then you are nothing but a child.
#82Laylow12Posted 3/27/2014 5:47:14 PM
What's the bigger offense? Them watching your every move and listening to your every word or them censoring your words in your own home?

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The Queen of Light took her bow, and then she turned to go.
The Prince of Peace embraced the gloom, and walked the night alone.-Battle of Evermore/Zeppelin
#83md22mdrxPosted 3/27/2014 5:50:20 PM
Microsoft isn't America. It's a multinational corporation. There's no "freedom of speech" in their world.
#84aszsithPosted 3/27/2014 6:33:05 PM
imagine606 posted...
aszsith posted...


A service offered in America is most certainly obligated to follow the laws of the land. Under the First Amendment your freedom of speech is protected and therefore Microsoft is required to not prohibit that freedom. A TOS contract cannot prohibit a right simply through an inclusionary statement without becoming void, nor does the Microsoft Xbox Live TOS attempt to do so.

The issue here is that this situation has nothing to do with the First Amendment in any way.


Wrong, I guess I'll have to copy and paste the first amendment since you have no clue as to what it says:

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.


The bold part shows where you are wrong. Companies are not congress, they have the right to make whatever rules they want as long as they don't violate human rights.


So what you are saying, in the bolded part of you statement, is that companies can do anything they want save for infringe on human rights because they aren't the governing body?

WRONG

Companies are governed by the same laws as individuals because they aren't the governing body. They do not have free reign to create any rules they want at will. There is an entire segment of law devoted to this process.

Oh, and how are those human rights defined? By Congress, which means that Microsoft IS obligated under the law to uphold the protections afforded by the First Amendment.

Anyone can cut and paste the exact wording of something. That doesn't mean they understand it. Case in point is your post. You are pointing out the literal wording, but not what it stands for as interpreted by the Supreme Court.

The interpretation of the First Amendment that you are ignoring is the basis for all discrimination laws in America. The First Amendment protects individuals from being discriminated against as Congress cannot pass a law prohibiting being Christian or homosexual, and it cannot prevent them from gathering, such as for church services.

For example, as horrible as the organization is, Westboro Baptist Church is protected under the First Amendment. However, as an organization it cannot create its own rules in opposition of the laws of America or the principality where it is registered any more than Microsoft can.

However, as has been argued to death at this point, THIS SITUATION ISNT A FIRST AMENDMENT ISSUE.
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ALL games should have a Single Player mode. I can always guarantee I want to play when I turn on my system. I can't guarantee others will at the same time.
#85Kageblade23Posted 3/27/2014 6:33:20 PM
cheezedadada posted...
It's a moot point. You forfeit rights like that when you agree to the ToS if applicable. Same thing happens on Gamefaqs. You can say whatever you want, but the moderators can remove that message if its against their rules. Freedom of speech doesn't apply in situations like these nor does it mean what most people assume it means.


this mostly...
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#86LostOdyssey17Posted 3/27/2014 6:38:27 PM
Didnt MS on the 360 create "zones" so youd play with people who trashtalk like you etc? (UNDERGROUND)
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#87TeraPatrick2008Posted 3/27/2014 6:43:52 PM
There is no freedom of speech. NSA & M$ take care of that.
#88Xeeh_BitzPosted 3/27/2014 6:59:07 PM
Freedom of Speech does not apply when you're using a private network. Freedom of Speech does not apply when you're in a private establishment, such as a store.
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#89Rishah0078Posted 3/27/2014 9:16:34 PM
aszsith posted...
imagine606 posted...
aszsith posted...


A service offered in America is most certainly obligated to follow the laws of the land. Under the First Amendment your freedom of speech is protected and therefore Microsoft is required to not prohibit that freedom. A TOS contract cannot prohibit a right simply through an inclusionary statement without becoming void, nor does the Microsoft Xbox Live TOS attempt to do so.

The issue here is that this situation has nothing to do with the First Amendment in any way.


Wrong, I guess I'll have to copy and paste the first amendment since you have no clue as to what it says:

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.


The bold part shows where you are wrong. Companies are not congress, they have the right to make whatever rules they want as long as they don't violate human rights.


So what you are saying, in the bolded part of you statement, is that companies can do anything they want save for infringe on human rights because they aren't the governing body?

WRONG

Companies are governed by the same laws as individuals because they aren't the governing body. They do not have free reign to create any rules they want at will. There is an entire segment of law devoted to this process.

Oh, and how are those human rights defined? By Congress, which means that Microsoft IS obligated under the law to uphold the protections afforded by the First Amendment.

Anyone can cut and paste the exact wording of something. That doesn't mean they understand it. Case in point is your post. You are pointing out the literal wording, but not what it stands for as interpreted by the Supreme Court.

The interpretation of the First Amendment that you are ignoring is the basis for all discrimination laws in America. The First Amendment protects individuals from being discriminated against as Congress cannot pass a law prohibiting being Christian or homosexual, and it cannot prevent them from gathering, such as for church services.

For example, as horrible as the organization is, Westboro Baptist Church is protected under the First Amendment. However, as an organization it cannot create its own rules in opposition of the laws of America or the principality where it is registered any more than Microsoft can.

However, as has been argued to death at this point, THIS SITUATION ISNT A FIRST AMENDMENT ISSUE.


This is a terrible comparison. People are paying MS to use private channels paying, in part, to be in an area free of aggression. If you wish to use their service, you pay and agree to abide by their rules when using their private property. That is the nature of the contract.

WBC protests peacefully (legally speaking at least) on public property. If they paid someone for access to private property and agree not to behave in a certain way, then break that agreement, they would void the contract and could be forced to leave. That's why they go through the proper channels and operate on public grounds.

XBox live is not public property, it is a private channel. You go into any private business and start screaming obscenities, they are well within their rights to kick you out. Go ahead, go into a local business and start harassing other customers and when the police arrive, see how well your definition of freedom of speech goes over.
#90RagnarokxvPosted 3/28/2014 1:45:29 AM
When you clicked "accept" you signed away your freedom of speech.
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Did I say that, or just think it? Was I talking? Did they hear me??