Right to participate in forum.
 

I want to ban a user from posting & participating with other members.

This person is threating that he has a right to post to defend his companies reputation in certain threads.

Several members are complaining about his companies products and services.

He is demanding an opportunitiy respond to those negative posts as long as he follows the forums rules.

It was my understanding I could ban anyone I wish, he's threatening legal action.

If anyone knows of case law on this issue or if you have had such an issue come up please let us know.

It is your forum, you can ban him. When he registered, it clearly said (unless you changed it), that you may ban anyone that you wish.

It might be a good idea to make them stop posting negative comments, though. And if they are complaining, you should make them do it in a constructive way so it helps the product, so they know what to change.

If the TOS violates the law it's useless, no?

You can say not responsible if you leave your hat in a restaurant, but it's not true, the restaurant is responsible.

Just because it says it doesn't make it true or perhaps legal.

He's is basically saying that if I allow his company to be libeled he'll sue me.

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If I ask the other members not to post negative comments they will cry about freedom of speech next.

Your members are posting hateful messages. And you reserve the right to remove, edit, move or close any thread. Unless your agreement is different. You're the administrator, don't let your members run your site for you while you sit there, scared to be sued from someone who can't do anything. If you're that scared, then delete the messages.

He can't sue you over what your members wrote on your forum, unless it violates the law, which it doesn't seem to from what you've said.

You can either delete the bad messages, or ban that member who's sticking up for his company. Either way, you'll be doing nothing wrong, you'll be moderating your own forum, which is what you are supposed to do.

Your members have a right to express there opinions but if they state anything as fact you should require they provide proof. thats how i do it. and yeah ive been threatned with legel action more then once. Have i mentioned PETA hates me. ;)

I understand what you folks are saying, but the heart of the question is this.

Is a person entitled to become a member to defend themselves?

Generally why wouldn't he be allowed to defend himself? As long as it's a rational discussion I'd allow it. However, if he (or another member) becomes disruptive on the forum and/or breaks the rules you certainly have every right to temp / perm ban him. If you ever have to delete posts, SOFT delete them in case you need to refer to them later.

In otherwords, give him the opportunity to shove his foot in his mouth :)

On my forums anybody is allowed to join and post regardless of how they were referred. we have rules in place to allow us to ban anybody that we deem trouble makers if you stay within the forum TOS you will always be welcome by the staff on any of my forums. cant say the same for the members but then they dont have a ban button either. ;)

ban him and don't look back if he/she is trouble
it's your forum, you do as you wish
you have the right to run it however you want ;)

Is there a reason you won't allow them to sign up and either offer an explanation or refute the claims? Do they people making the claims provide any proof what so ever to their claims?

Being the victim of a similar attack by someone who has yet to post any proof I can understand the companies frustration, even if they are providing concrete proof, why not let him post and make an attempt to explain?

But to answer your question: No, there is no legal right granting him the freedom of joining your forum. If you doubt it, go over the constitution and see if it states anything about forums and defending themselves.

Though if the members aren't providing proof, or are posting false claims, then you're able to get slammed with a libel suit with you as the defendant along with the members, since it's been brought to your attention and you aren't acting upon it, you're a accessory to the fact.