What if I were to say to you that all of the rights ensured to us by our 1st amendment did not exist? Freedom of speech, freedom of the press, freedom of religion i.e. freedom of conscience, freedom of assembly, all of them being nonexistent. You would laugh me off, no? I would have too until I read through the writings of the likes of Murray Rothbard and former Supreme Court Justice Hugo Black.
It’s not so much that these rights don’t exist, but that they are based upon a much richer, unified foundation that runs through the roots of all the rights we hold so dearly. This foundation is made up of one true, inalienable right and one right alone: the right to property.
The right to property stems from an individual mixing his labor with the natural resources of the earth as established by early philosophers such as John Locke. It is the right of a person to maintain dominance of their past, the time they poured into fulfilling a particular end. This utilization of time & labor makes this articular end that person’s property, the encroachment of which is to deny a man his past efforts. This is only the right to property on its surface though.
It is this right to property, or ownership, that is embedded within all other rights. Let us examine some of the most celebrated inalienable rights to exemplify my meaning.
The Rights to Life & Liberty
The rights to Life & Liberty are deeply seated in the right to self-ownership. Humans are temporal beings, our lives seated within a constant flow of time. Those things attributed to our past efforts and time can be correlated to our property. The choices we make currently, day in and day out, in the present, are correlated with Liberty. Our future actions, everything we will do from this very second onward can be said to be our Life. So the right to Life is based on the ownership of one’s future, no matter where they decide to take it. No man can own another man no matter how much they may try. All men are born into nature in the exact same state: poverty. It is then through self-ownership and self-determination coupled with the utilization of the rational consciousness of an individual that raises one out of this state of poverty. Even when a child is born into familial wealth of considerable means, if they do not use reason when they develop their rational faculty to manage that wealth, it can be squandered in an instant, leaving them much worse off than they ever could have imagined. Therefore, each man, owning his body, owning his actions, inherently has the right to Life & Liberty through these specific property rights. I am trying to reinforce here that the rights to Life & Liberty are wholly dependent of the right of self-ownership, the idea that no man is beholden to another man’s dictates on how to live his life “properly” so long as the individual is not infringing upon another’s rights. Every individual is the rightful master of their present and their future.
The Freedom of Speech
The phrase “shouting fire in a crowded theater” comes from former Supreme Court Justice Oliver Wendell Holmes Jr’s opinion in Schenk v.U.S. (1919). The unanimous court ruled that the free speech of a man protesting the draft during WWI was not protected by the 1st Amendment. Let’s look at the situation more closely though as Murray Rothbard has in many of his works. If someone stands up and screams “FIRE!” in a crowded theater, they are in one of two categories. They are either a paying customer, attending to see the show being put on, or they are the owner of the building itself. The paying customers have paid the owner to use the facilities to view a show, ceding to specifications of the owner on how to conduct themselves in the theater. The person shouting then, if a customer, is violating the property rights of the owner and the other patrons through breach of contract, for all actions such as going to the theater, restaurant, etc., have patrons essentially entering into contracts with the owners. If this individual is the owner of the theater, he is breaching his side of the contract, therefore harming the patrons’ end of the deal. In either scenario, you have the property rights of individuals being breached through one’s irresponsible actions, so to call it an issue of freedom of speech is a misnomer. The same idea can be applied to any such situation. Who owns the property? Are the words/actions compliant with the owners specifications? The only time it becomes tricky is on government owned (public) property which delves into a whole other debate for a whole other essay.
The Freedom of the Press
The freedom of the press is essentially the same situation as that of freedom of speech. It comes down to who owns the paper or media outlet. Those who are offended or do not find the source credible can choose not to purchase and/or utilize that press entity’s services. Libel issues should not be handled through the government or coercion, but by the appeal of the people who deem the source libelous. The owner of the media outlet should have the right to exert his Liberty in saying whatever he likes, reprehensible or not. Any condemnation or coercion by the government assumes the government is ruling on some sort of morality which is not the justified or moral role of government as I will examine more in depth in the future. It comes down to ownership of the means of the press: who owns what.
The Freedom of Religion
The freedom of religion, also known as the freedom of conscience, is closely tied to the principle of self-ownership. Each individual owning property within himself, his being, thus has the right to follow the dictates of his own conscience. As Jefferson said, “But it does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg.” Nor should it. It is the right of every individual to direct himself in whatever manner he deems fit so long as it doesn’t pick another’s pocket or break another’s leg. Since each person owns his own body, it logically follows that he owns his own mind as well.
The Freedom of Assembly
The freedom of assembly boils down to a one word question: where? Depending on where the assembly is to take place determines whether the right is guaranteed or not. If the owner of a private park gives permission to a group to assemble and protest a given topic, then fine. No one, no government agency can deny them this right Though if the owner denies them permission, they have no right to enter his property and continue on with the assembly. As with freedom of speech, the tricky part comes in when the government owns the land the assembly is meeting on. The government must then arbitrarily decide whether or not the assembly is justified, regardless of what our 1st amendment says. Thus the reason that freedom of assembly and freedom of speech enter into such grey areas.
Rights can only be defended in a system that recognizes and honors the right to property, for all other rights derive from this.
As always, this is a mere introduction into a rich, controversial philosophy or rights. I encourage you to read more on it, notably anything by Murray Rothbard.
Learn something new every day, never settle.
Take Care, Always,
Brad