Quote:
Originally Posted by crystalblue
I didn't mean to focus only on property rights.
What about the saggy pants laws for example? While I don't really like looking at the guys walking around in them (girls i do like ![Big Grin](https://pics3.city-data.com/forum/images/smilies/biggrin.gif) ), that is there right.
Or is it interfering with other peoples right to enjoy the scenery undie free?
In fact, what about nude beaches? why arent all the beaches clothing optional?
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Well, I understand the need for some restrictions, but I think most of them are a means of common sense and decency.
The line gets blurred in the decency issue most certainly. I don't think the founders had the intention of freedoms to be a blunt object that people beat each over the head with, yet I don't think it allows us to enforce policy that goes the other way as well.
Whats that old saying "Your rights end where mine begin". That is to say, there is a balance of individual rights in concern with people. Harm is an easy one to decide as if it harms another through the use of someones freedom, then it is obviously a conflict.
The question then becomes the issue of "offended" issues. People do not have the freedom to not be offended. So, in the issue of baggy pants, I would say that would be a violation of someones freedom to restrict them or institute a policy of dress code in that manner.
At the same time, I think there is a reasonable issue of cases like these where both sides can obtain their freedoms without infringing on the others in those blurred areas. A lot of times it is a matter of common decency. Ultimately if we had to establish a black and white position on the issue, I would side with the freedom to over any restrictions. People have the right in public areas, though they also need to understand that they are not free of opinions that might treat those actions negatively. If someone can wear baggy pants in public or go naked, they are also free to receive all comments that they might find distasteful for that action. That is, if you go naked in a public place, don't act offended if I call you a complete loon who is too stupid to realize when they should wear clothing. It goes both ways there.
That said, we are talking about public property and the freedoms established. In the case of all private property, peoples freedoms are severely limited. That is, they are completely at the discretion of the business owner or person who owns the property. That is not to say they lose all their freedoms as they certainly can not be taken prisoner or be forced to do anything (other than leave). They still have a choice as they can choose not to go to that business if they do not wish to follow its rules.
So if a sign says "no shirt, no shoes, no service", then the person has to comply or leave. It can be as limiting as requiring people to wear a tie and jacket or heck, there could be a requirement that a certain word can not be used, etc... All of those "freedoms" we have that are protected, are done so under public guarantee. Those freedoms to not allow someone to enforce another to accept their choice in freedoms.
There is an old saying "You have the freedom to speak, but you do not have the freedom to be heard". Which is to say, you can say all you like, but you can not force someone to listen as it would require the removal of their rights without their choice to do so.
Property is a big key in the exercise of many peoples rights. The restrictions can be fair if people have a choice when it concerns a private medium. The tricky issue is public areas as those ones get a bit touchy, though as I said, I would side with the complete freedom approach in those cases as I think it better suits the purpose of our protections. Freedom has responsibilities, some people just act irresponsible with them.