Great article as usual. From a passing familiarity with contract law, I believe that "specific performance" is not allowed as a remedy under the law, even if a person has contractually agreed to do something. The reasoning supposedly is that forcing some one to do a specific task, even if they have previously agreed to it, is tantamount to slavery. Why is that not an argument against coercing Lori Smith and Masterpiece Cakeshop to perform specific actions. It is hard to argue that there are substantial damages to their refusal as alternative web designers and bakeries are clearly available.
This is clearly a coercive stunt by activists. The free market response is to take your business elsewhere. When a seller artificially restricts his market, he suffers in comparison to those who don't, and makes less or has to charge more to overcome. Ditto for a buyer.
I wrote a lot in the past about "public accommodation" law. It is a fundamental violation of liberty, and when the Civil Rights era imposed it upon private businesses, it violate their rights. But, and it's a position I evolved into, as a transitional mechanism to break the genuinely "systemic" Jim Crow laws, it was a lesser violation.
As such, public accommodation laws should have been transitory. Their utility in breaking coercive discrimination has run its course, and now they're just a playground for harassers.
I love that phrase, the right to be wrong. Back when the Charlottesville event happened, I had a debate with my then 30 year old son. He felt like "white supremacists" should not be allowed to express their views publicly, and I tried to explain to him that, no matter how reprehensible a person or group may be, they still have the right to gather and express their opinions. It should be obvious that when you silence one point of view, then others (including your own) will follow. The line will continuously move. Unfortunately he just didn't get it. I'm hoping that the wisdom that comes with age, along with two new daughters, will help him to eventually understand.
I hope so as well. People need time to process ideas they haven't been exposed to. Watch to see if he shows signs of "getting it" now, but don't remind him of his past error :).
Peter,
Great article as usual. From a passing familiarity with contract law, I believe that "specific performance" is not allowed as a remedy under the law, even if a person has contractually agreed to do something. The reasoning supposedly is that forcing some one to do a specific task, even if they have previously agreed to it, is tantamount to slavery. Why is that not an argument against coercing Lori Smith and Masterpiece Cakeshop to perform specific actions. It is hard to argue that there are substantial damages to their refusal as alternative web designers and bakeries are clearly available.
This is clearly a coercive stunt by activists. The free market response is to take your business elsewhere. When a seller artificially restricts his market, he suffers in comparison to those who don't, and makes less or has to charge more to overcome. Ditto for a buyer.
I wrote a lot in the past about "public accommodation" law. It is a fundamental violation of liberty, and when the Civil Rights era imposed it upon private businesses, it violate their rights. But, and it's a position I evolved into, as a transitional mechanism to break the genuinely "systemic" Jim Crow laws, it was a lesser violation.
As such, public accommodation laws should have been transitory. Their utility in breaking coercive discrimination has run its course, and now they're just a playground for harassers.
I love that phrase, the right to be wrong. Back when the Charlottesville event happened, I had a debate with my then 30 year old son. He felt like "white supremacists" should not be allowed to express their views publicly, and I tried to explain to him that, no matter how reprehensible a person or group may be, they still have the right to gather and express their opinions. It should be obvious that when you silence one point of view, then others (including your own) will follow. The line will continuously move. Unfortunately he just didn't get it. I'm hoping that the wisdom that comes with age, along with two new daughters, will help him to eventually understand.
I hope so as well. People need time to process ideas they haven't been exposed to. Watch to see if he shows signs of "getting it" now, but don't remind him of his past error :).