Wikipedia:Free speech

This page concerns free speech on Wikipedia. For information related to government, please see Freedom of speech.

The "right to free speech" is often cited on Wikipedia in response to blocks and bans, as well as editing restrictions enacted by Wikipedia policy or the Arbitration Committee. Many contributors believe that because the Wikimedia Foundation is incorporated in the United States, and because the Wikipedia servers are located in the US, that contributors are afforded free speech by the First Amendment to the United States Constitution.

The text of the First Amendment follows:

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.

The most important clause of that statement is "Congress shall make no law." Wikipedia is a private website, hosted by the privately incorporated Wikimedia Foundation, and governed solely by the Board of Trustees. As a private website, Wikipedia may block, ban, or otherwise restrict from editing its pages any individual, with or without reason. Wikipedia, and the Wikimedia Foundation which sponsors and regulates it, is free to establish its own policies and practices regarding who may edit here, and is not subject to regulation by the governments of the United States or the State of Florida in this respect. (There are certain laws that Wikipedia is required to comply with, but these laws do not regulate who may edit here.)

True, Wikipedia does welcome all contributors, and is dedicated to assuming good faith with regard to all contributors. There are policies, like the blocking policy and the Arbitration policy, that have been adopted by the Wikipedia community to govern matters related to restricting users' access, but these policies are subject to change and are not legally enforceable.

In short, there is no right to edit Wikipedia. As difficult as it is to accept, and as harsh as it sounds to say it, there are only two rights on Wikipedia: the right to fork and the right to leave.

Criticisms of the Policy

Several groups, notaby the ACLU, have routinely litigated for the right to protect free speech in "public places." Since Wikipedia is an open forum on the public internet, it does meet several key elements of the definition as a public place, and is therefore subject to public accomodation laws. Given these arguments, Wikipedia can and does fall under a definition as a "public place" and there may be subjected to the affect of public accomodation laws, including laws which protect free speech on the public internet. Many groups and sites in the internet attempt to have it both ways, claiming they are private entities with the right to restrict free speech, and stating out of the other side of their mouths they are public places which can claim exemption under section 230 of the CDA and protect anonymous free speech and thereby avoid liabilty. If Wikipedia, a charity, is claiming it has the right to restrict free speech, then it is acting as an editor and publisher of its content, and may be liable for content. If on the other hand, Wikipedia claims to be an interactive forum controlled by third parties, it cannot control or restrict speech unless that speech falls within categories of harassment or stalking.

Please note: Nothing on Wikipedia.org or of any project of Wikimedia Foundation Inc., should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. Please see Wikipedia:Legal disclaimer.