routinely use their private property (such as computers and networks) to create virtual spaces designed for speech, although speaker access is usually controlled by contract. An online provider exercising its property or contract rights inevitably squelches a speaker's rights. But despite online providers' capacity to exercise their rights capriciously, courts so far have unanimously held that private online providers are not state actors for First Amendment purposes. In one representative case, AOL could refuse to deliver email messages when a spammer tried to send spam through AOL's network. In other words, in theory, courts could do something about providers squelching speech, but have sided with providers because the Constitution doesn't apply in these cases. But how do we distinguish between AOL's response to spam (which seems right) and a virtual world's decision to kick off a user? In both cases, the online provider can choose
lchristioan louboutins on sale, but we're tempted to side with AOL on spam and side against virtual world providers on everything else. It's that inconsistency that I'm trying to address here.The virtual world industry is burgeoning. Millions of users participate in such complex interactive spaces as EverQuest, Second Life
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