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Originally Posted by aceventura3
My question was related to the trade off regarding Constitutional rights of free speech or protest against the rights of private property.
If a private property owner has a public sidewalk on their property at what point does that property owner have the right to do something about people make a disturbance on that side walk?
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Your question is impossible. A public sidewalk by definition cannot be on /private/ property (unless it's an easement, in which case, the land is considered your property which you have to pay taxes on, but the sidewalk is owned and operated by the state, which is a whole new level of bullshit that we'll talk about in a separate thread
) Point being, if it's a public sidewalk, it doesn't belong to a business.
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Are ordinaces restricting for example skateboard unconstitutional?
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This would only be relevant if the protesters were on skateboards.
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why are the laws controlling travel on public roads more restrictive in your view compared to "your travel along" a sidewalk?
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You mean the laws stating that pedestrians always have the right of way on a roadway, even if they're not supposed to be there? Laws keeping walkers off of interstates are there for the safety of everyone. They don't restrict travel by individuals or groups - they just specify that the travel must be done in a safe manner.
Cops refusing to let protestors *walk* down a side*walk* are not doing so because they fear the walkers will be hit and killed by someone engaging in the normal mode of travel on that sidewalk. They're not stopping the protestors because they're a large group - if they were then they'd also stop those elementary school field trips you see with 300 kids travelling in a large pack down the sidewalk.
The cops are stopping them /because/ they are exercising their constitutional rights. That's the /only/ reason the cops are stopping these people.
So: The real question is: Is it OK to detain, harass, or refuse right-of-way to someone expressly because he is exercising his constitutional rights.
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What exactly do you mean when you say "irrelevant"? Do you mean irrelevant to you, to the law, to a specific event, what?
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To this discussion.