Violation of first amendment.

straightgirl · Nov 14, 2023

So I paid almost $2,000 for your gaming setup, and you guys are allowed to dictate what I can and can't say?? Call of duty is rated M 17+ (MATURE) which means there will be cussing but for some reason when I cuss I get a warning???? This is ridiculous! If I would've known you guys get to violate my first amendment right and lie saying you aren't apart of the government when you are I wouldn't have bought your XBOX. And it doesn't matter if you accept your little (code of conduct) because you're still violating the first amendment and I can't even play the game unless I accept it. XBOX is not a private community if anyone can access it and pay for it with their own hard earned money. If you really want to make a safe and happy community, let people express what they want to say and stop dictating people with their own money, Otherwise you might get sued in the future.

:)

Obsessive Power

The First Amendment to the U.S. Constitution only applies to government action. This means that private organizations are not bound by the First Amendment and can restrict speech as they see fit.

The First Amendment broadly protects the rights of free speech and free press. Free speech means the free and public expression of opinions without censorship, interference, or restraint by the government.

"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"

Since Xbox Live is a private organisation and not part of the United States Government it is not subject to the First Amendment.

XBF Nestor S

Doneagle, as previously stated on the
Original thread,

"Freedom of speech does not apply in this case since Microsoft is not part of the government. When you sign up you agreed to the code of conduct and you have to follow those rules to continue using the Live service."

So We'll be locking the thread, as this has no further resolution.

Tezzarrific

the first amendment does not apply as it is a private network, microsoft state online services are rated U for all people young and old, no matter what you do you aint getting around it as they insist, this is why i play on pc to avoid this mess.

RandyAU93

The First Amendment to the US Constitution discusses what Congress cannot do.
Microsoft is not part of Congress. So, when you join Xbox Live, you enter into an agreement with Microsoft. Microsoft agrees to keep the services running as much as possible and provides your connection to its servers, and you agree to follow their rules.

steeledwand7664

Lets have a little history lesson:

The first amendment: I will even bold the text pertinent to this discussion

"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."

As you can see it says that CONGRESS shall make no laws abridging the freedom of speech it says nothing about a private company making rules that you agreed to abide by when signing up for their service
on their servers.

This goes beyond even online servers try going into ANY place of business in real life and see how long you stay in that establishment cursing out an employee or anyone that is there before you are asked
to leave.

Violation of first amendment.