All human rights are also property rights. If I own a lunch counter and you tell me who I can or can not serve, you have taken a property right. The freedom of speech and of the press are property rights–you have to have a place to stand in order to speak. You must own a printing press in order to enjoy freedom of the press. Etc.
One of the best examples of the failure of the legal system to recognize this is the “fire in a crowded theater” case. In this case SCOTUS significantly weakened the “freedom of speech” in that they thought they had found an exception.
That would not have been the case had they couched it in terms of private property rights. Whose property is violated by yelling “fire” in a theater? — The theater owner and the patrons. — jtl, 419
Unfortunately, the Supreme Court’s ruling does not address the central problem with “anti-discrimination” laws and other “public accommodation” requirements… At their core, such laws and regulations are fundamentally based on eliminating the private property rights of business owners who ought to be free to dispose of their property as they see fit.
One of the best examples of the failure of the legal system to recognize this is the “fire in a crowded theater” case. In this case SCOTUS significantly weakened the “freedom…
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