Gamer Says Sony Violated His 1st Amendment Rights By Banning Him

from the that's-not-how-it-works dept

It's amazing how badly some people misunderstand the First Amendment. It only limits the government from passing laws that limit your free expression (with certain exceptions). It has nothing to do with what a private company or individual can do. In other words, it's not a right to say whatever you want with no consequence. So, I doubt that the following lawsuit will get very far. Apparently a video gamer is suing Sony saying it violated his First Amendment rights by banning him from the PlayStation 3 game "Resistance" for something he apparently said while talking to other players (found via Digg). But, of course, as a private company and not the government, Sony has every right to ban whoever they want, for a wide variety of reasons. So, kids, remember, the First Amendment isn't a right to say whatever you want without getting kicked off of a video game system for being annoying.

Filed Under: ban, first amendment, free speech, video game
Companies: sony


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  1. identicon
    Bob Bunderfeld, 23 Jul 2009 @ 9:10am

    Civil Rights NOT Constitutional Rights

    It's funny how many people fail to understand the difference of Civil Rights and Constitutional Rights.

    Yes, the Constitution is clearly defining what the Government can or can't do, how this guys Attorney failed to pick up on this is amazing, but, there is still something to be said about a person's Civil Rights.

    Now before you get stupid and come down screaming at me, no, this guys Civil Rights weren't violated either, just pointing out that if he is suing, he should at least be suing for the right RIGHT.

    There is one point of contention that most of you have chosen not to discuss, and that's the fact that he has money in his account and SONY isn't letting him have it back or granting access to it. This IS a huge mistake on SONY's part, and precedent has already been set for this with the Second Life lawsuit where the person was banned for a bannable offense, but money in the acct wasn't returned or given access to. The Judge tossed the EULA covering SL and said they have to either grant him access to his acct or refund his money. I have a feeling that everything but the Money issue will be tossed, and as soon as that happens, SONY will refund this guys money and the Judge will then say "No Harm, No Foul". I would LOVE to be in the Gallery when this first comes up though, to hear the Judge's reaction to "Constitutional Rights Violation"; better yet, to hear the Judge tell the Attorney to go back to for a refresher course.

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