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by otterley 934 days ago
The law has never interpreted “freedom of movement” as “freedom to move using whatever means you prefer.” If it did, airlines wouldn’t be able to refuse to carry ill-behaved passengers. So far, what little law has been written has guaranteed only that you can do so on your own two feet.
2 comments
bhpm 934 days ago
You’ve got that the wrong way around and your airline analogy isn’t apt.

In the first place, rights are not granted by interpretation of the law. They exist naturally unless circumscribed by it.

In the second place, airlines are private companies and have a wide mandate to deny service based on various conditions stated in their terms.

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otterley 934 days ago
> rights are not granted by interpretation of the law. They exist naturally unless circumscribed by it.

The legal system in the U.S. isn't based on some Hobbesian philosophical notion of "rights," even if the Founders were inspired by it. It's based on interpretations of how our rights, enumerated in law or a Constitution or otherwise, may or may not have been violated under the circumstances of a case.

If you said what you just said to a judge in court, they'd either laugh in your face, or laugh about you with staff in chambers after you leave.

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bhpm 934 days ago
> may or may not have been violated under the circumstances of a case.

And if no case is before the court? What then? Is it automatically illegal?

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otterley 934 days ago
It’s unclear. Life is full of ambiguity.
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otterley 934 days ago
Another example is driving licenses: driving is a privilege, not a right. If it were a right, there would be no such thing as a "license" to drive, and anyone, regardless of age or ability, could drive a motor vehicle anywhere.
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Halong 933 days ago
No, using public roads requires a license. The government may not tell you that you may not drive a motor vehicle on private property.
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otterley 932 days ago
You can’t get very far driving only on private property. So you can’t really exercise your right to move freely via a motor vehicle if your ability is restricted to your own property (and the properties of those who grant you license to use theirs).
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