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Free Speech, Free Association, and Private Property

May 06, 2003 11:05 AM
Tags: crime, economics, law, libertarian, politics

update It appears I misunderstood Stringham's statement. The focus is on the word "strangers" and not "do not come into conflict." It's a matter of degree, not principle, in which we disagree.

Ninos Malek discusses the conflict between freedom of speech and freedom of association on Mises.org. However, I believe he paints too rosy a picture.

He says Edward Stringham "correctly points out":

Strangers do not come into conflict with one another on the golf course at a country club, because only members are only allowed to enter. On college campuses and in amusement parks such as Disney, all people on the premises have agreed to abide by the property owner's rules. Just as easily, were this legal, store and restaurant owners, as well as street and road owners, would create private rules to govern all patrons.

This does not jibe with my own observations. I attended a very elite private university, and I can assure you that there was extensive conflict among handpicked, intelligent students who paid almost $30,000 a year for the privilege of attending — fistfights, date rape, even murder.

Sure, the University expelled the assailant afterwards, but that is little consolation, and I doubt other prospective murderers will change their mind for fear of expulsion.

Perhaps conflict is less likely in a voluntary association. But I believe he and Stringham overstate their case.

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