- One One Seven
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Not exactly, Tony. American laws do indeed apply here, as do SOME of the laws of many other jurisdictions. The servers are located within the United States, and Bungie is an American company. The laws of the United States apply to it (jurisdiction of laws is largely based on physical location of both yourself and the effects of your activities, rather than the locations of your customers). Because of the worldwide reach of the site, some laws of foreign countries may also apply to Bungie.net, but because the internet is as new as it is, many aspects of this issue are still being worked out in various courts around the world.
To the OP: before attempting to make statements of what the law is, it helps to read the law first. The First Amendment is only one sentence long, so it shouldn't take you that much time. Here is a convenient link.
In case you don't feel like reading it, Achronos's answer was the simplest and most correct statement of the law: the First Amendment to the United States Constitution does not apply here. It states that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . . ."
The very first word of the First Amendment makes it clear that the Amendment applies only to the federal government of the United States. (As an aside, thanks to the Fourteenth Amendment, the First Amendment applies to State governments as well.) But Bungie LLC is neither one of those -- it is a private corporate entity. Therefore, Bungie can restrict your speech on BNet as much as it pleases. Indeed, Bungie could shut down its Bungie.net forums entirely and thereby prevent you from saying anything at all.
I find it amusing when Americans think their constitutional right applies to private sites. I wonder if these people think they have the right to barge into people's homes and spout their views under the guise of freedom of speech?
Bungie is based in the US and so this site has to abide by US laws. If the site were providing a paid-for service, things would get a lot more messy but this isn't the case here.
Foreign laws do not apply to Bungie. It will apply to foreign users however. If I were to do something illegal on Bungie.net that is illegal in the UK, but legal in the US, I can get in trouble because I am bound by UK law. On the flip side, if I were to break US law but not violate UK law, nothing can be done against me because I am not under American jurisdiction.