Comment: Again: You have the right to

(See in situ)


Again: You have the right to

Again: You have the right to free speech.

The Constitution does not grant it. You don't have the right because the Constitution requires it. People had the right before there was a U.S. Constitution. They had the right before there was any Constitution. People will have the right after the U.S. no longer exists.

This is true of all rights. Rights do not come from scraps of paper.

All of your rights are moral rights to action. They cannot be taken away. They cannot be given away. Since they cannot be taken away society is most peaceful and civilized when no government tries to impede the exercise of rights.

The law can say you may not speak and punish you if you do. But the law cannot take away your right to do so. The government may actually convince someone they don't have the right, but not all and not reliably, and even where successful doesn't remove the right, merely knowledge of it. The moral right in inherent.

People don't need to be taught they resent being told to shut up, and feel just or righteous when they defy censors.

People don't need to be taught they resent shackles, and feel just or righteous when they punish slavemasters.

People don't need to be taught they resent theft, and feel just or righteous when they punish thieves/taxmen.

People don't need to be taught to defend themselves from attackers, and feel just or righteous when they punish or kill aggressors.

Etc.

Since rights cannot be alienated from people, the law is just and harmonious when it doesn't attempt to restrict the application of rights.

Laws which infringe on the moral authority to act, rights are themselves immoral, anti-human, unstable, and cause ever more social chaos the more they are expanded and enforced.

As long as it is admitted that the law may be diverted from its true purpose — that it may violate property instead of protecting it — then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. - Frédéric Bastiat, The Law