"Game companies are not like phone companies, which have a legal obligation to carry all speech over their lines. They are more like a private club, which can reserve the right to expel members at will. And the Constitution does not protect speech once it has been signed away by contract, which is what players do when they subscribe.
But that could change as virtual worlds increasingly intersect with the real one, some legal experts contend. It is considerably more painful to switch game worlds, abandoning pets, property and friends, than it is to switch phone companies, they note. Games may come to be regarded in the same gray area as shopping malls, which several state courts have ruled can be forced to uphold free speech rights despite being private property."
Posted by flambingo at January 15, 2004 12:57 PM