Born Again Christian; Biblical Fundamentalist, King James Only, Dispensational and libertarian

Born Again Christian; Biblical Fundamentalist, King James Only, Dispensational and libertarian

Sunday, May 11, 2025

A Half-Baked View of the First Amendment By Laurence M. Vance January 24, 2018

 

https://www.lewrockwell.com/2018/01/laurence-m-vance/a-half-baked-view-of-the-first-amendment/


"Even so, this case has nothing to do with freedom of speech, freedom of religion, or the First Amendment and everything to do with property rights.

Those who argue that government has no authority to concern itself with cake decorating because it is a form of expression, which is a form of speech, and is therefore protected by the First Amendment, err. Cake decorating is clearly not speech. Government decrees and Supreme Court rulings have made unwarranted speech distinctions (such as classifying flag burning as a form of speech) because they misconstrue the nature of the First Amendment.

Masterpiece Cakeshop is owned by Jack Phillips. In a free society, it is he who decides who enters his property. It is he who decides who remains on his property. It is he who decides whom he will do business with. It is he who decides what he is willing to pay his employees. It is he who decides what benefits he will offer his employees. It is he who decides what prices he will charge. It is he who decides what days and hours he will be open. It is And it is he who decides whom he will decorate a cake for.

In a free society, business owners have the right to refuse service to anyone for any reason on any basis. Religion has nothing to do with it. Property rights have everything to do with it.

In a free society, a business discriminating against a potential customer in any form and for any cause must be permissible. It doesn’t matter if the discrimination is because of religion, race, creed, color, complexion, national origin, ancestry, gender, age, sexual orientation, gender identity, health condition, disability, mental state, IQ, height, weight, hair color, eye color, hair style, facial hair, tattoos, scars, pregnancy, marital status, criminal record, political ideology, or socio-economic status. It doesn’t matter if the discrimination is based on stereotypes, fear, prejudice, ignorance, or assumptions. It doesn’t matter if the discrimination is the result of bigotry, sexism, xenophobism, racism, or hate. It doesn’t matter if the discrimination is considered to be insensitive, illogical, irrational, nonsensical, or unreasonable.

If an individual can, right now, discriminate, legally, against a business in any way, for any reason, and on any basis, without fear of reprisal, then why can’t a business discriminate in like manner against an individual? Something to think about."