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by somenameforme 1374 days ago
Private vs public all comes down to the interests of society, it's not religious dogma. Prior to the 60s it was perfectly legal to refuse to serve somebody because of their race or religion. The courts decided this was not in the public interest, and so that changed. Some time before that it was private companies used to also be able to fire anybody seeking to unionize. Then that changed. There is even precedent where private land used in a public way subjects the owner to the same standards as those of the government. [1]

The current situation is pretty goofy. We've hyper centralized speech into a tiny handful of outlets, with those outlets increasingly recklessly operating with exactly 0 accountability to anybody, in spite of the dramatic and undeniable consequences of their actions are having on both individuals and society at large. IMO the one and only reason this hasn't been dealt with is because we're going through a brief phase of dystopia. Governments seems more interested in trying to myopically exploit the centralization speech to their own benefit, instead of actually thinking of the longterm, to say nothing of making society a better place.

[1] - https://en.wikipedia.org/wiki/Marsh_v._Alabama

1 comments

Small point: the courts didn’t decide this in the 1960s, the legislature did with the Civil Rights Act. The courts enforced it. The courts don’t (shouldn’t) determine what is in the public’s interest, the legislature (aka the people) does.
Sometimes do, sometimes don't.

It all depends on politics. Some people have opinions on how much court "activism" should be allowed, but they reliably flip the script when one of their pet topics shows up.

People used to insist Antonin Scalia was a sort of "strict constructionist", himself among them. But the moment he got a case where he had a personal opinion that contradicted his "strict" claims, his true colors came out. Then it turned out his strictness really did just mean corporations always win and individuals always lose, as his record had always suggested and his critics had long asserted.

(Never guessed I would have cause to miss him... He was not, anyway, Bork.)