Free Speech and Property Rights

A letter from Doug French in today’s Las Vegas Review Journal: “In a surprising move, the Review-Journal editorial board aligned with op-ed columnist Geoff Schumacher to oppose property rights in Sunday’s edition. Both take to task District Judge Susan Johnson for ruling against disgruntled Tower of Jewels customer/picketer/trespasser Diana Bickel. Each cites free speech concerns and the fact that the 9th U.S. Circuit Court of Appeals and U.S. Supreme Court have ruled against other private sidewalk owners, such as The Venetian and quasi-private owner Fremont Street Experience, in similar cases.

“As if the judiciary is the final arbiter of right and wrong.“There is no such thing as a right to free speech without property rights. If the Review-Journal editorial board chooses to print this letter, it is not because I have a right to free speech (or a right to have this letter read), but only because they — as employees of Stephens Media, the owner of the Review-Journal — decide it is worthy of publication.

“This illustrates the late Murray Rothbard’s point: ‘For not only are there no human rights which are not also property rights, but the former rights lose their absoluteness and clarity and become fuzzy and vulnerable when property rights are not used as the standard.’

“Even ardent free speech defender Justice Hugo Black recognized that free speech must be grounded in property rights. ‘We have a system of property in this country which is also protected by the Constitution,” Justice Black wrote. “I realize the freedom of people to make a speech against the Supreme Court, but I do not want him to make it in my house.’

“Of course Mr. Schumacher and the editorial board will argue that Ms. Bickel wasn’t protesting in the living room of Tower of Jewels owner Jack Weinstein, but on a public thoroughfare.

“But just as Review-Journal Editor Thomas Mitchell defends ‘Freedom for speech we hate’ (Sunday column), those who believe in liberty must defend property rights first and always, because all other rights depend upon it.”

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4:20 pm on February 13, 2008