Re:Welcome, ACLU
by fieldsy on Tuesday January 31, 2017 @09:46PM
(#13537738)
You don't give up rights just because you start a business.
[ Parent
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Re:Welcome, ACLU
by danielsju6 on Tuesday January 31, 2017 @11:29PM
(#13538245)
When you engage in commerce you're subject to regulation, per the Constitution. Which means giving up (unstated) rights that you otherwise would have as a citizen. Discrimination for example.
Social contract theory ;)
Re:Welcome, ACLU
by sixstringtheory on Wednesday February 01, 2017 @03:31AM
(#13539283)
It makes sense to me that businesses should be regulated and should not have the same rights as a citizen (Citizens United?)
One thing I wonder, though, is: what if the owner or sole proprietor "quits" their business? Are they still criminally/civilly liable after they've "given up" their additional role? And, if something like that'd actually fly, would they ever be able to return to their [line of] business, or would they have to quit forever?
Re:Welcome, ACLU
by emiliobumachar on Wednesday February 01, 2017 @10:06AM
(#13541215)
Reminds me of Lavabit, that secure email service whose owner shut down rather than complying with an order to give the government information on a client.
Only interstate commerce is regulated in the Constitution.
Re:Welcome, ACLU
by danielsju6 on Wednesday February 01, 2017 @07:36PM
(#13546952)
Not correct.
Article I, Section 8, Clause 3: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Several high court rulings have concluded that it includes intrastate commerce. It's wide reaching & has historically been the main tool for combating discrimination.
Re:Welcome, ACLU
by bobwaycott on Tuesday January 31, 2017 @11:20PM
(#13538198)
In some ways, and in some states, you do. You also take on a greater responsibility to the public, to whom you're offering products and services, that you would not shoulder as an individual.