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To: dpa5923

To be fair, the contention that I’m most interested in was not phrased in the form of a question, so here it is, reformulated:

If you want to put up a sign at the front of your business that says, “you no longer have constitutional rights when you cross this line”, your business will be shut down pretty fast. Does that mean your business had that right? Does your business have the right to establish slavery in light of the 14th amendment?


180 posted on 10/13/2007 3:28:26 PM PDT by Kevmo (We should withdraw from Iraq— via Tehran. And Duncan Hunter is just the man to get that job done.))
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To: Kevmo
If you want to put up a sign at the front of your business that says, “you no longer have constitutional rights when you cross this line”, your business will be shut down pretty fast. Does that mean your business had that right?

The right to put up that sign. Sure, unless there is some local ordnance that prohibits signs or the wording on the sign.

But if your business wants to put up that sign it can. Can it enforce the provisions on the sign? Of course not. But this discussion was never about a business removing constitutional rights. You do not have a constitutional right to trespass. If I tell you to get off the property that I have possessory control over, you either get off or you are a trespasser.

Your right to keep and bear arms is not infringed nor is your right to freedom of speech or press. Freedom of speech or the right to keep and bear arms does not give you or anyone else freedom to come on my property (as an employer or a private citizen). Sorry, but that's the law...

Does your business have the right to establish slavery in light of the 14th amendment?

Of course not because slavery is strictly prohibited by the 14th amendment and kidnapping or false imprisonment is illegal by statute and common law. If you trespass, my remedies are limited. Your intentional tort of trespass does not grant me the right to commit intentional torts unfettered. If you attempt to leave my private property and I refuse to let you leave, then I am committing a crime.

Why don't you answer one for me, now? Do you think an employer has no recourse if you, as an employee< comes to work at the employers place of business and begin handing out flyers and coupons for the employers leading competitor to customers and fellow employees?

If he fires you, isn't he infringing on your right to free speech (of course he isn't but I am curious how you can demand the right to carry a weapon onto someone else's property with out the property owners consent but could argue that an employee could not pass out literature at work including coupons and flyers for the competitor)?

181 posted on 10/13/2007 3:57:14 PM PDT by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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