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Line 1: − This page has been withdrawn from Conservapedia as part of a mass removal of content added by [[user:AmesG|Ames]] pursuant to a copyright challenge brought by the same user. The challenge rests on two grounds:+ − #Some content was added prior to the institution of Conservapedia's [http://www.conservapedia.com/index.php?title=Conservapedia:General_disclaimer&oldid=82832 copyright policy] on 2 April 2007, and is now removed by the user's unencumbered and uncontroverted ability to control his own content in the absence of contract or waiver to the contrary. − #Some content, added after Conservapedia's copyright policy came into effect, is withdrawn under the below reasoning: − + − + − *If the waiver was a contract, it fails for lack of consideration. No exchange was contemplated or made between the parties; detriment was suffered by user in the loss of copyrighted privileges, time, and effort put into text, but no compensation was received in turn. If use of the site constitutes compensation, such use was already provided free of charge prior to copyright waiver, and even prior to contribution, and past consideration is no consideration. + − *If the waiver was a contract, it was procedurally unconscionable and voidable. User has no power under the agreement, and a simple contract of adhesion such as this one professes to be is voidable as a matter of public policy. As voidable, it is now void.+ − *If the waiver was a contract, and use of the site was acceptance, the contract was breached by Conservapedia. Conservapedia, by virtue of holding out certain guidelines and "commandments," incorporates these commandments into the the contract. These "commandments" were breached with regard to users, as user's access to the site was terminated without cause (under the commandments) in May 2007. Prior to May 2007, user had not violated the commandments. Having been breached, waiver is inoperative.+ − *If the waiver was a contract, Conservapedia was unjustly enriched by avowadly valuable material.+ + + + + +
Reverted edits by MichaelS (Talk); changed back to last version by Aschlafly
State action doctrine is a legal principle that the [[Fourteenth Amendment]] applies only to state and local governments, not to private entities. Under state action doctrine, private parties outside of government do not have to comply with procedural or substantive due process under the [[Fourteenth Amendment]]. For example, the [[First Amendment]] does not apply to private schools because they are not part of state or local government.
*If Ames supplied content gratuitously, he now revokes it.
There are two exceptions to this rule for:
*Any waiver executed by the user would have been a contract; however, the professed disclaimer asserts that it is not a contract. Ergo, no waiver was made.
*public functions
*entanglement
These exceptions hold that private corporations performing government functions, such as handling law enforcement in a small town, would be subject to the [[Fourteenth Amendment]]. Similarly, high school athletic associations dictating who may compete in high school programs have been held to be subject to the [[Fourteenth Amendment]]. This is important to [[homeschooling]] as it attempts to end discrimination by public school sports leagues.<ref>See, e.g., [[NJSIAA]].
</ref>
== References ==
<references/>
[[category:law]]