By Mike Appleton, Weekend Contributor
“Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but, so long as he maintains the use, he must submit to the control.”
-Munn v. Illinois, 94 U.S. 113, 126 (1876)
The events in Indiana and Arkansas during the past week contain at least two lessons. The first is that hypocrisy is like teeth; most of us have some and exposure usually produces a nasty bite. Second, interminable debates on the topic of comparative victimology are, well, interminable. Neither lesson is useful. So perhaps it is time to take a deep breath and engage in a bit of dispassionate reflection on the scope and application of the Religious Freedom Restoration Act.
Let us begin with the oft repeated claim that a person operating a business ought to have the right to refuse service to anyone at any time for any reason (or no reason at all). Whatever merits this claim may have as a philosophical position, it has never found approval as a principle of law. The reason is that historically the common law has recognized that there are categories of commercial enterprise of sufficient importance to the general welfare to mandate their availability to all members of the public on equal terms. Continue reading “What RFRA Hath Wrought” →
The Rolling Stone magazine has retracted the University of Virginia rape story that we have previously discussed. While agreeing with a Columbia Journalism School review of major flaws in reporting and editing, the publication has refused to fire anyone. The writer, Sabrina Rubin Erdely, will continue to write for the publication despite quotations from an editor that she was repeatedly asked to confirm the story with key witnesses who were never interviewed. The review concluded that the failure “may have spread the idea that many women invent rape allegations.”
