There is governmental and societal. By the first, I mean the power of government, ultimately exercised by the police. By the second, I mean society will not allow it in the sense that if you say something, people don't have to associate with you, buy your products, or otherwise support you. The first is censoring. The second is censursing. The state does the first. Individuals - sometimes collectively - do the second
The First Amendment prohibits cesnsorship by the State. California cannot shut down the L.A. Times for an offensive, stupid, inaccurate editorial or news item. The paper can print what it wants and the governor can use it for toilet paper if he wants, but that is it.
On the other hand, I do not have to buy the paper, and I can tell my friends not to. (Don't get me wrong. THis is an example. I do subscribe, at times regretfully, to the rag.)
A college newpaper has "the right" to run the ad. However, readers have the right to boycott. Also, the "right" TO run the ad means it has the choice NOT to run the ad. They make the choice. They live with the consequences. As long as the State does not penalize them, it is not a First Amendment issue.
With that said, this was a general description. There are always exceptions. But this is the basic framework.
Posted By: wgarrow
All right, "Dr" Laura went on a racial tirade during a recent radio show, repeatedly spouting off the N-word. As always, this caused a massive uproar and backlash. Now the good doctor is saying she will quit, and pouting about the violation of her "First amendment rights".
Am I wrong when I say that is total nonsense because no government agent tried to censor or punish her speech? If the govt isn't involved in any manner whatsoever, can First amendment rights be violated?
I remember once when my college newspaper ran an ad by an anti-Semitic group which claimed the holocaust never occurred. The newspaper justified running the ad, saying they didn't want to violate anyone's First amendment rights. Again, since there was absolutely no govt involvement in this case, does the First amendment mean a private newspaper must run a callous ad?
I say if no govt action is involved, that's all you can demand. If people who are offended by "Dr" Laura's speech strongly protest and threaten to boycott sponsors, etc. then that is not a First amendment violation. I say if no govt agent censors or prosecutes you, shut up about the F.A.
Am I off base here? I'm by no means a legal expert. I would like to know if I'm right or wrong.