Did I say otherwise? If so, cut and paste my words.
Go back to my post 24 and see that what I questioned was the statement: “...the government is not involved and it is instead a property rights issue.”, which is from post 9.
I haven't been trying to discuss whether or not the mall is right. I'm trying to discuss whether or not the government is involved and discuss property rights in more detail.
Towards the end of post 24 I wrote:
” Arguably, Freedom of Speech is among the Rights Governments are instituted to secure therefore arguably the government (which includes Federal, State and Local levels) is (or should be) involved.
Now, please provide a similar position regarding your statement “it is instead a property rights issue” using similarly authoritative sources, and addressing property rights from both the “real property” and “personal property” aspects.
Also, please explain why government should not be involved in securing real and personal property rights. “
Nobody has met my request for a position and an explanation. Instead they go off topic.
We had a similar situation outside our football stadium. Vendors were selling offensive T-shirts. The police put their heads together and decided it was a free speech issue but they told the vendors they would have to pay local merchant taxes on the sales. They left. The vendors were ready to go to the mat over free speech but didn’t want to pay taxes.
I was replying to your statement that the “congress” part of the first amendment was the least important part. You’re still wrong on that, none congress can abridge free speech. Sometimes because of property rights (your building your rules) sometimes because of freedom of association (don’t like the rules you can always leave).
In the situation of this story it IS a property rights issue, the mall gets to set their rules, and if their rules abridge the speech of the stores renting space at the mall that’s too damn bad for the stores. The mall belongs to the people that own it first and foremost, they set the overriding rules, they have the full power to say “that’s an offensive shirt and we don’t want it sold, worn or displayed in our mall”.