tan@ihlpg.UUCP (Bill Tanenbaum) (03/07/86)
> [Tim Sevener] > [Omitted - The usual stuff about how terrible the mall restrictions are] > It still baffles me how supposed "Libertarians" "propertarians" > "Objectivists" or whatever can be so eager to deny basic > Constitutional rights! ------- Tim - Your basic inability to comprehend the issues involved never ceases to amaze me. 1) A mall is private property. Nowhere in the constitution is (or should it be) it stated that you have the right to distribute literature on someone elses property without their consent. Your "free speech" does not give you the right to distribute literature in my home or my place of business. 2) Some (including me) believe that the unusual "public thoroughfare" character of shopping malls (they are like enclosed streets) makes it desirable to allow literature distribution in malls (not in the individual businesses) even though they are private property. It is not at all clear to me that this is a "Constitutional" right, however. Were I on the N. J. or N. Y. Supreme Court, I would have to think long and hard about the matter (assuming the absence of state or local statute guaranteeing such access to malls, or such provisions in the state constitution). You imply: a) It should be obvious to anybody that the U. S. Constitution guarantees your right to distribute literature in a mall. b) Anyone who doesn't agree with a) is a total idiot or an enemy of freedom of speech. c) The U. S. government is oppressing you by not interfering with the mall owner in his exercise of his perceived property rights. It seems obvious to me that a), b), and c) above are all ridiculous. Do you seriously believe them? If so, you need help. -- Bill Tanenbaum - AT&T Bell Labs - Naperville IL ihnp4!ihlpg!tan