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35
“Conservative” Tom Nichols With A New Hot Take On Roe For The Atlantic (media.communities.win)
posted 4 years ago by Ahaus667 4 years ago by Ahaus667 +35 / -0
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– Ahaus667 [S] 12 points 4 years ago +12 / -0

archive

I’m a conservative (or what used to be called a conservative) who always thought Roe v. Wade was the product of judicial activism. But overturning it is even worse.

Name one conservative position you have

It’s true that abortion is not in the Constitution. A lot of things aren’t in the Constitution, including the “right to be left alone,” but that hasn’t stopped Americans from recognizing that such rights exist. More to the point, the historical incoherence of Alito’s opinion—and Clarence Thomas’s ominous warning that the Court should review and potentially unravel other rights—suggests that no one in the majority really cares all that much about whether Roe was rightly decided. They care about abortion and other liberal changes in American life (such as gay marriage, apparently), and they may well intend to roll them all back.

This is a massive false equivalence, the right to be left alone is covered under the first amendment and freedom of association. He refuses to acknowledge because he is a disingenuous hack collecting a paycheck.

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▲ 6 ▼
– deleted 6 points 4 years ago +6 / -0
▲ 8 ▼
– Ahaus667 [S] 8 points 4 years ago +8 / -0

You partially answered your own question. Property rights cover the ability for you to camp outside someone’s home and shout at them. This is why noise ordinances are constitutional, you do not own the area you are making noise in so the ability to make noise is dictated by the landowner. The peaceful assembly clause of the first amendment is the second. Shouting is not peaceful, simply put.

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▲ 2 ▼
– deleted 2 points 4 years ago +2 / -0
▲ 5 ▼
– Ahaus667 [S] 5 points 4 years ago +5 / -0

That’s legally incorrect, there is no person limit to assembly. A singular person can assemble. Your right to speech is again freedom from the government to restrict your speech. The right to property is covered by a combination of the 9th and 10th amendments. This is why castle law is not universal. It does however completely invalidate his argument.

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... continue reading thread?
▲ 4 ▼
– SR388-SAX 4 points 4 years ago +4 / -0

The implication in harassment existing as a crime is that you have some other right that's able to at least equal mine. The arguments for any limitation on the First almost always rely on some phantom right that doesn't show up anywhere in the text.

I'm OK with the courts staying out of the legality surrounding "harassment" as long as they're also willing to stay out of the solutions that a person might employ to end "harassment".

In other words, keep it between men. If you cross a line and you get what you deserve, well, you asked for it and I'm personally not going to convict someone for administering justice to you.

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▲ 3 ▼
– ArchRespawnsAgain 3 points 4 years ago +3 / -0

It's weird how these people don't think "right to be left alone" should apply to the CRA.

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– when_we_win_remember 2 points 4 years ago +2 / -0

Anyone who writes for the (((Atlantic))) is going to be controlled opposition. I don't particularly care what they call themselves. But that's because I'm not butthurt gatekeeping "conservative." I'm a pro-freedom nationalist.

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