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by jkaptur 3455 days ago
> Conducting business is a First Amendment right.

I'm a big fan of the First Amendment, but I'm not following your argument here.

The amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Furthermore, the framers of the Constitution wrote the Commerce Clause, specifically giving Congress the ability to regulate how businesses conduct themselves (albeit in a limited way).

Do you have a court case in mind that provides more insight here?

1 comments

https://en.wikipedia.org/wiki/Dartmouth_College_v._Woodward comes to mind. It was a landmark case that effectively resulted in the rise of the American business corporation and the American free enterprise system.

This whole discussion could also call into question the idea of corporate personhood, but that's another can of worms. :)

I don't think anybody is disputing that regulation is allowed and useful, but we should also be questioning all regulation to ensure that the government isn't overreaching.

https://en.wikipedia.org/wiki/Dartmouth_College_v._Woodward comes to mind.

An important decision, for sure. Doesn't have anything to do with the First Amendment, though.