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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 carr

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.

bhpm 3y 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.
- otterley 3y 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.
  - bhpm 3y 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?
    - otterley 3y ago
      It’s unclear. Life is full of ambiguity.
  - Slava_Propanei 3y ago
    [dead]
otterley 3y 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.
- Halong 3y 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.
  - otterley 3y 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).

bhpm 3y 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.

otterley 3y 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.
- bhpm 3y 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?
  - otterley 3y ago
    It’s unclear. Life is full of ambiguity.
- Slava_Propanei 3y ago
  [dead]

otterley 3y 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.

Halong 3y 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.
- otterley 3y 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).