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Rick
March 26th, 2012, 6:11 PM
I found this in another topic. Without disclosing who posted this (even though some of you read the message after it was written). It was edited by the poster, but only after some people read it. (there is a software feature that allows me to see what was deleted). Before lies take center stage on the reason this user is banned, I am posting this for all to read and see my responses.

This user has been disrupting the forum and acting like a victim because several people here have grown tired of his constant spamming the forum with junk email and internat garbage. When asked to stop, he got defiant. I put him into moderation for a couple of days, then allowed him back with full access, then he continued to do the same and lash out at me throughout the forum to include incessantly ranting against me in a health topic. When I hadn't objected to anything he had posted.



CANDIDATE FORUM CENSORSHIP

RICK:

Yes, CTT is your property, but it is also public because you made it public. Legally, you set it up that way and advertise it as such. Hence, anyone can join CTT, without restrictions, provided they agree to comply with the written established rules of the forum. You actively solicit membership in CTT. In that sense it is a business like any other business.

It is against the law for any business to discriminate on membership if it is otherwise open to the public. Private clubs such as the masons, the Lions Club, the Knights of Columbus, veteran’s organization, etc. etc, can limit membership. If CTT were a club of sorts, or a forum set up expressly for a group of people like a women’s forum for women issues, medical forums for medical issues, support forums of various support groups, etc. etc., then membership could legally be limited to members meeting those criteria. But, that is not how you set up CTT. You call it CenTexTalk.com but you don’t even limit admittance to residents of Central Texas. You created an open public forum albeit privately owned.

I think their is a legal question whether or not you can set up a public forum and arbitrarily censor legitimate questions asked in a thread set up for the express purpose of asking those types of questions. To do so arbitrarily, when no posted rules were violated in asking those questions, is by its very nature “discriminatory.”

I posted 10 questions in each of the candidate’s forums. Not a single one of those questions violated any posted rules. The fact that you may personally not have liked the question is immaterial. Frankly, it’s none of your business unless the question violates a written rule and provided said rules are uniformly enforced in your privately owned pubic forum. Moreover, if you prefer that I not ask a question or participate in a specific thread, for whatever reason, that counts as your desire but not your dictate. To impose such a requirement on me alone, and no one else, is without question discriminatory.

If you want teacher forums open only to teachers then you must specify that and make it applicable and enforceable to everyone. There is also a legal question whether you can have such a closed forum in an otherwise open forum. I think if you check you would have to set up a separate forum outside CTT to do that. Likewise, if you don’t want people who live outside Killeen to post in any Killeen forum you would have to do the same thing. There are no standing rules prohibiting any member of CTT from posting in any established thread. It is a against the law to discriminate, even in a privately owned public forum. The law doesn’t care if you personally dislike someone or not. If you own a business you still can’t single them out and discriminate against them in that business.

Let me give you an example. There is a case being adjudicated in with Facebook that I read or head about a month or so ago, I can’t recall when or specifically where I heard about it. Anyway, in an open media discussion group on Facebook (privately owned at the time) the discussion group administrator arbitrarily deleted select political posts because the discussion board administrator didn’t agree with the posts. No standing rules were violated. It was an arbitrary deletion. The lawsuit denotes selectively censorship in violation of a persons first amendment rights. The legal question at issue is “can a privately owned internet discussion boards, that are open to the public, censor posts if those posts violate no rules? Does that constitute a violation of the public’s first amendment rights? “ How do you think this case will be decided? I think Facebook and the discussion group administrator are going to end up doling out a lot of money in that lawsuit. Even if it is settled out of court the costs win likely be substantial. When you censor you misrepresent the person you censor. It can embarrass them, cause them harm or deny them equal access and resolution that is otherwise afforded by the private business to the general public.

When you have a privately owned public forum that the general public has access to, and you arbitrarily censor individual posts, you can cause the same kinds of damages to the individual as if the forum were publically owned. There is no difference in that regard. Those damages can include misrepresentation of facts, damage to reputation, denial of resolution afforded to other members, denial of first AMemendment rights, equal and fair access, discrimination, etc. etc. Our constitutional right are no joke.

I posted 10 questions in each of the candidate’s forums that YOU set up in CTT for the express purpose of allowing CTT members to ask questions of candidates. None of my questions violated any rule in the CTT forum. All were legitimate questions and none were defamatory or incendiary. You may not have liked the questions, which is your prerogative. You may have disagreed with the questions, which’s your prerogative. You may not like the fact that I personally asked the questions, which is again your prerogative. But you had no right to censor my questions. You or another CTT administrator that you appointed deleted 80% of my questions. That is crystal clear censorship and I think, given the aforementioned, that it is also unlawful.

If you went to Applebee’s, Sears, a medical clinc, or any privately owned business for what ever reason, as the proprietor you would still be prohibited by law from discriminating who can go to your place of business, if it is otherwise open to the general public. That means anyone can shop or sit in your place of business, participate in what your business has to offer, or sit, and speak in your place of business unless you can prove that they are being disruptive, based on general public standards (not your own opinion) or if they are in violation of a published rules or law. Your privately owned pubic forum most also abide by the law and it doesn’t matter if you personally dislike any particular patron/customer.

I deeply object to your censoring/deleting my questions. I challenge your legal right to do so even if you are the owner of CTT. I say this especially since my questions did not violate any published forum rule. I contend that you are now asserting yourself in an unlawful, arbitrary and discriminatory manner in the way that you are now running CTT. Moreover, I contend that you are discriminating and unlawfully singling me out for this injustice. I’m tired of this and I want you to please stop it. It wrongs. It’s unfair, it’s embarrassing, it’s hurtful and it needs to stop now.

I herewith ask you to cease and desist. Stop it. Don’t arbitrarily censor my posts. Enforce your rules fairly and uniformly on everyone, without exception. Don’t discriminate. Understand that even as the owner and administrator of CTT you still have legal obligations. You cannot discriminate in your business and you cannot violate anyone’s civil or constitutional rights, whether it be done indiscriminately or purposefully applied to any single individual. You run a business, not a dictatorship.

One final point rick, This is not me whining. This is me pissed of. I can afford a lawyer.

I never said a word about the questions he asked in the candidate forums. In fact, I have not yet read them and certainly have not censored them. I have been very busy with my life lately and have not had time.

Here's a FACT, this person does not have access to my database which includes all messages that were soft deleted or the edited message records, therefore, he does not know how many deletions or other acts of moderation take place here on a daily basis. Just because it happened to him, he wants to scream that he is some sort of a victim with all that crybaby BS.

I checked the moderation log and there has not been a single moderator edit or deletion of your multiple questioning posts. The only edits that were done to them was done by him.

As I have stated in the past to other people who made the same claim regarding First Amendment rights, (so much for discrimination by the way) I do not owe him any of his rights, nor do I have the power to deny him any rights. I do have the right to moderate as I see fit.

Now that this user has threatened me with legal action and the fact that he repeatedly violated rule #9 in the past few days, he will no longer have access to this forum.


• Rule 9: Criticism and "bashing" or rebelling against administrators and moderators is not permitted to be done in public. Every one of CenTexTalk.com’s Administration and Moderating team are volunteers who spend countless hours working to provide a friendly, well flowing forum and like all members here, they are not to be verbally abused in any way. If you have an issue with a staff member or their decisions, please discuss it with them through email or private messages. NOT ON THE OPEN FORUM.

Do not carry disputes with administrators or moderators to other areas of the forum, to include, but not limited to, the Shoutbox (chat room), Avatars, Signatures, the User’s Status. Doing so will cause a loss of those features.

Violations of the rules listed above will be dealt with on a case by case basis. Some of the tools at our disposal for dealing with disruptive users and rules violations are. (These methods are used at our discretion)

o Editing the portion of the message that violates the rules.
o Deleting the message that violates the rules.
o Reducing disruptive users access to forum features.
o Moderating the user who continually violates the rules.
o Blocking the user from forums where they are most disruptive.
o Temporary banning the disruptive user.
o Permanently banning the user.

sojourner truth
March 26th, 2012, 6:27 PM
Did it occur to you that he may be trying to close this forum down, or litigate it to the point that anyone can do or say anything without moderation. Like a few other sites I have visited. You run a clean, civilized operation here Rick, and I know how much time you and your "staff" put in to it. I would sure hate this site to turn into the uncontrolled hate filled babblemongering trash sites I have seen others use. Keep up the great work.

mac
March 26th, 2012, 6:29 PM
ditto on everything sojurner just said, rick........mac

Scarlett
March 26th, 2012, 6:35 PM
I just want to tell the idiot who can afford a lawyer that there is a difference between their and there.

SMH

How hard is it for people who aren't happy here to just freaking LEAVE?!?!?

Ludwig
March 26th, 2012, 6:36 PM
A banned entity can still read the CTT postings, right?

mac
March 26th, 2012, 6:37 PM
nah nah, they're both the same......mac


I just want to tell the idiot who can afford a lawyer that there is a difference between their and there.

SMH

How hard is it for people who aren't happy here to just freaking LEAVE?!?!?

Ludwig
March 26th, 2012, 6:38 PM
... How hard is it for people who aren't happy here to just freaking LEAVE?!?!?

For some it would be easier to give up cocaine or crack than to give up CTT. I know I've tried.

Scarlett
March 26th, 2012, 6:48 PM
A banned entity can still read the CTT postings, right?

Depends. Sometimes we just block their access completely. Sometimes not. In this case, with this nut job, I say he should be blocked completely. But I'm just "staff." ;)

kantwin
March 26th, 2012, 7:00 PM
Rules is rules.
No shirt, no shoes, no service.
Break the rules, say "bye, bye".
To get a lawyer over a forum is pretty petty...
Ain't nothing stopping him from starting his own.

xzochye
March 26th, 2012, 7:15 PM
We will see a new user pop up here in a day or two....

Ludwig
March 26th, 2012, 7:28 PM
We will see a new user pop up here in a day or two....

Not likely. Rick is quick on the pick-up.

Scarlett
March 26th, 2012, 7:29 PM
So his his "staff."

√^€¢%:$#@

Ludwig
March 26th, 2012, 7:30 PM
So his his "staff."

√^€¢%:$#@

Oops! Sorry. Of course!:)

Scarlett
March 26th, 2012, 7:33 PM
Just trying to lighten the mood. We actually love watching banned members sneak back in. It gives us some fun conversations. Sometimes...we just let them back and act like we don't know...
Ohhhh good times.

Grammar Rules
March 26th, 2012, 8:25 PM
I regret it came to that, but the moderators are right. There has to be a limit, and it was crossed. Thanks for CTT, y'all.

Rick
March 26th, 2012, 8:54 PM
Did it occur to you that he may be trying to close this forum down, or litigate it to the point that anyone can do or say anything without moderation.
That's what I thought when I first read that garbage. I thought about switching it to his way and allow everything. Delete the profanity censor, allow pornography (not that he wanted that, but someone might), personal insults, blood and gore images, let it be an absolute free-for-all so that no one feels discriminated against. How long would this place last like that? Not long at all.

It's absurd to advance the notion that I cannot have different sections and moderate them differently. I have been on forums that have subscription services where those who paid, got more access. I guess those administrators discriminate too.


You run a clean, civilized operation here Rick, and I know how much time you and your "staff" put in to it. I would sure hate this site to turn into the uncontrolled hate filled babblemongering trash sites I have seen others use. Keep up the great work.
Thanks to the super majority of users who go along with that. I can handle when things get heated and words are exchanged. That's to be expected. But what has happened the past few weeks with this one is just absurd.

This whole "it's public property so I can urinate on your table" mentality is just too much.

FieryPrincess
March 26th, 2012, 9:02 PM
I agree with Rick.

Scarlett
March 26th, 2012, 9:08 PM
But what has happened the past few weeks with this one is just absurd.

Consider the source. He was fine, for a while after he came back, then...
I refuse to tolerate that kind of person.
I can't and I shan't...(isn't that poetic?) ;)

siamcat
March 26th, 2012, 9:33 PM
That's what I thought when I first read that garbage. I thought about switching it to his way and allow everything. Delete the profanity censor, allow pornography (not that he wanted that, but someone might), personal insults, blood and gore images, let it be an absolute free-for-all so that no one feels discriminated against. How long would this place last like that? Not long at all.


It's absurd to advance the notion that I cannot have different sections and moderate them differently. I have been on forums that have subscription services where those who paid, got more access. I guess those administrators discriminate too.


Thanks to the super majority of users who go along with that. I can handle when things get heated and words are exchanged. That's to be expected. But what has happened the past few weeks with this one is just absurd.

This whole "it's public property so I can urinate on your table" mentality is just too much.

Please don't allow everything.

The reason most of us come on here is because it's well moderated. I know it's a lot of hard work and it's appreciated.
Thank You.

Rick
March 26th, 2012, 10:14 PM
Don't worry. Not going to happen.

The Torii Fox
March 26th, 2012, 10:22 PM
So his his "staff."

√^€¢%:$#@

Snicker...

Chief
March 26th, 2012, 11:21 PM
Whoops! I came out of lurker status just to advise that I am not the poster that Rick is in a fight with. However, I agree with Rick, there has to be bounds. I may not post, but enjoy reading.

Mr. Lucky
March 27th, 2012, 4:42 AM
Civilized discussions, respect for other people's beliefs, wether we agree or not, that is what I like, plain and simple. That is what I have come to expect when I participate on this forum. There are rules in a civilized society, just like this forum. Abide by them, or be an outcast. If you cannot live by the rules, leave. We are all free to do the same if we choose. Life is all about choices, sometimes we make them, sometimes people make them for us. When they make them for us, I like it when they end it with "Have A Nice Day":-)

finalbowser
March 27th, 2012, 8:48 PM
It is against the law for any business to discriminate on membership if it is otherwise open to the public.

I stopped reading right there.

ItsMe
March 27th, 2012, 10:07 PM
Don't know if this has been said since I haven't read all of this yet, but what I have found after being a member of many different types of forums or message boards over the past 15 years or so, is that people get so emotionally involved that this becomes a part of their real lives. They don't know how to separate the two. To claim that they have been embarrassed, especially when most people here are anonymous (yes, I know some or most regulars have met) is absurd. What we used to always say when people get so upset to that level is one statement and it stops all the bitching and moaning right then and there... "If you don't like it, you can hit that red X up there in the right hand corner!" (OK back when people had Red X's ) :)) Don't sweat it and keep doing what you're doing!

Ok...let me catch up. Seems I missed something cause I responded to a ghost down in the miscellaneous section! :doh

ItsMe
March 27th, 2012, 10:11 PM
OK...hold up...OT I'm just through page one...did I miss the notice to "post your Senior Picture" day? :)) OK...back on topic!

Gimpy
April 2nd, 2012, 3:27 PM
I like the forum the way it is and the way it is run. I like the lack of cuss words and don't need porno. YOu all do a darn fine job!!

Rick
April 2nd, 2012, 3:35 PM
Thanks!

No worries, it's not changing.

cnjbond
April 2nd, 2012, 3:49 PM
What, no PORN?!!! I thought this was Cen Tex Pillow Talk?! I want my money back!!! :)

Grammar Rules
April 2nd, 2012, 6:30 PM
The idea of Night Owl liking dudes in drag is porn enough. Sort of PG.:07:

prideworks
April 13th, 2012, 6:16 PM
mmmmmmmmmm,I'd have to disagree with you on that one. I've seen lots of cussin (including from Rick) in the past, hence the reason I mostly just read now and don't participate. On the other side of that coin (and there always is one) Rick gets baited a lot and I'd say he does a fairly reasonable job of being objective.

Rick
April 13th, 2012, 9:24 PM
Um, thanks, I guess.

SamBrown
April 16th, 2012, 1:26 AM
You all make me miss out on my sleep. Here it is 01:22 AM; the alarm will go off at 6 AM. What am I to do? Rick and staff/moderators are doing just fine. I enjoy the discussions and the great feedback given by many. Good night now.:-*