[Lady-Loki]

I'm not sure you understand law.

A set of terms for service, or a contract can in no way violate the law. Even if you have agreed to it, it is still illegal.

With concrete evidence that the terms violate the law, you will win the case.

Most amataur law practioners dont get that when a case is brought to the court, it does not depend on the other factors such as agreement. It simply addresses the reason its taken to court in the first place.

For instance I could draft a contract saying:

A) You forfeight your human rights
B) You forfeight the ability to move freely
C) You forfeight the right to speak freely
D) This agreement is subject to change at any time.

And you can agree to it, but a judge would still find it illegal on my part.

Regardless of "Freedom of Speech" there are also Harassment Laws that have been upheld in court where employers are under court order to ensure a workplace that is free of harassment based on sexual, racial, and religious, on and on. The courts upheld the Harassment Law over the "Freedom of Speech".

In raw terms, there isn't "absolute" freedom of speech. You can't yell "fire" in a crowded theater; you'll get arrested.

Theoretically, you are free to speak your mind without fear of retribution. On the other hand: With the way our society has become, some things you are NOT free to say. "Hate speech" i.e. racial comments as an example.

But this issue has nothing to do with Constitutional rights or “Freedom of Speech”. It is solely a matter of Outspark enforcing the TOS. If you don't abide by them, then Outspark can, at their discretion, perma-ban you. And I do not really think anyone plans to take them to court, so, the TOS is pretty much the law in this case. And, I also believe that if Falcomist took them to court Outspark would win because based on whatever screenies they had submitted, he violated their TOS in regards to some form of racial slur, and like an employer, Outspark has an obligation and a right to ensure a game environment that is free of harassment based on sexual, racial, religious, on and on.