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2024-09-15 17:28:50
in reply to

m4dire0701 on Nostr: I agree with you but let me make an addendum: the right of free speech is absolute as ...

I agree with you but let me make an addendum: the right of free speech is absolute as long as it doesn't violate the property rights of another person

" The human right of free speech is only the property right to hire an assembly hall from the owners, to speak to those who are willing to listen, to buy materials and then print leaflets or books and sell them to those who are willing to buy. There is no extra right of free speech beyond the property rights that we can enumerate in any given case. In all seeming cases of human rights, then, the proper course is to find and identify the property rights involved. And this procedure will resolve any apparent conflicts of rights; for property rights are always precise and legally recognizable.

Consider the classic case where “freedom of speech” is supposed to be curbed in “the public interest”: Justice Holmes’s famous dictum that there is no right to cry “fire” in a crowded theater. Holmes and his followers have used this illustration over and over to proclaim the supposed necessity for rights to be relative and tentative rather than absolute and eternal.

But let us further analyze this problem. The fellow who brings on a riot by falsely shouting “fire” in a crowded theater is, necessarily, either the owner of the theater or a paying patron. If he is the owner, then he has committed fraud on his customers. He has taken their money in exchange for a promise to put on a movie; and now, instead, he disrupts the movie by falsely shouting “fire” and breaking up the performance. He has thus welshed on this contractual obligation, in violation of the property rights of his patrons.

Suppose, on the other hand, that the shouter is a patron and not the owner. In that case, he is violating the owner’s property right. As a guest, he has access to the property on certain terms, including an obligation not to violate the owner’s property or disrupt the performance that the owner is putting on for his guests. His malicious act, therefore, violates the property rights of the theater owner and of all other patrons.

If we consider the problem in terms of property rights instead of the vague and woolly human right of free speech, we see that there is no conflict and no necessity of limiting or abridging rights in any way. The rights of the individual are still eternal and absolute; but they are property rights. The fellow who maliciously cries “fire” in a crowded theater is a criminal, not because his so-called right of free speech must be pragmatically restricted on behalf of the “public good”; he is a criminal because he has clearly and obviously violated the property right of another person. "

https://mises.org/mises-daily/property-rights-are-human-rights
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