Judge Tells Software Company Free Speech Means Something

Cnet: Court: Network Associates can’t gag users. New York state Supreme Court Justice Marilyn Shafer issued a ruling, made public this week, prohibiting the security software specialist from trying to use its end-user license agreements to ban product reviews or benchmark tests. The judge called the company’s attempted ban “deceptive” because it implied consumers who conducted the reviews would be violating the law, when they would not. Shafer has not ruled on damages.

I don’t quite get the “deceptive” part of this, but the ruling is a good one in any case. Stifling criticism is a lousy idea no matter what the reason.

Network Associates says it just wants to prevent unfair or inaccurate reviews and comparisons. Gosh, I have a feeling that politicians would like to force reporters into similar boxes.

The company has only a passing acquaintance, apparently, with an old-fashioned thing we call free speech. Unfortunately, the protectors of free speech have done such a lousy job in recent years — not in defending it legally but making clear to people why it’s so crucial — that Network Associates’ argument may sound appealing to those who don’t think it through.

The way to combat speech you don’t like is more speech — better speech. Perhaps someone should remind the Network Associates lawyers that the First Amendment still stands for something.

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