On 11 July 2013 12:55, Steven Gardner <steven.gard...@monash.edu> wrote:
> On 11 July 2013 12:37, Kerim Aydin <ke...@u.washington.edu> wrote: > >> >> There are certain Rules that limit certain types of speech (e.g. Illegal >> to mislead in >> certain ways, reveal private actions). Are those also unenforceable, you >> think? >> > > No. As you noted yourself, limiting certain kinds of speech does not > infringe on the general right of participation in the fora. But an > agreement prohibiting all communication to the fora - which is what was > contemplated here - carrying with it whatever penalties accrue for > violating agreements, would infringe that right. IMO, of course. > It's also worth pointing out that such an agreement, in addition to infringing on the general right to participate in the fora, would also infringe on the specific right in R101(ii) to seek judicial resolution of controversy. -- Steve Gardner Research Grants Development Faculty of Business and Economics Monash University, Caulfield campus Rm: S8.04 | ph: (613) 9905 2486 e: steven.gard...@monash.edu *** NB I am now working 1.0 FTE, but I am away from my desk** on alternate Thursday afternoons (pay weeks). *** Two facts about lists: (1) one can never remember the last item on any list; (2) I can't remember what the other one is.
