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Topic: Patrons 'reel' mad about theater food searches
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Steve Guttag
We forgot the crackers Gromit!!!
Posts: 12814
From: Annapolis, MD
Registered: Dec 1999
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posted 03-21-2010 03:40 PM
Sorry Randy...name the state that has the Constitutional Rights apply to private situations...I doubt ANY have such a clause as it would be silly in many instances. Do I have a right to free speech in a movie theatre? Not too likely. We won't even get into the second Amendment which clearly has state-by-state laws governing guns.
What a ticket grants the purchaser is a LIMITED LICENSE to see the specific movie at the specified time. If you do not agree with the rules of the establishment, you are free to not patronize it. If they fail to fulfill their end of the license (show you the movie at the specified time, you are also free to demand your money back...not just get a readmit. It would be a breach of contract.
What you may be confusing as "rights" are "Acts" like the ADA and Title 9 stuff (non-discrimination). These are mere laws that the Federal government imposes on all jurisdictions....they are also subject to Constitutional revue and nullification if they are brought to the Supreme Court and found to, in some way, be unconstitutional.
When it comes to cars...it is a sticky one...thus far, it has been ruled that your car (I don't know about mobile homes or the cab portion of a mobile home) does not have the same constitutional protections as your home. The 4th amendment specifically states "home." It does not mention a car...which considering there were no cars, it would not. However, it does not mention carriage either. The idea though is that when you are home, you are "safe" and the government must jump through some hoops to gain access to you and your property.
What I think has been a wrong interpretation of the Constitution is that one should have a right to drive. State governments have taken the stance that it is a privilege because it makes their live a lot easier...you don't need to check the constitution on anything once you loose that "right" status. However, it not being a right has shown the abuses the States have done since they know you want/need your license and thus can get the citizenry to do anything they want to keep it. Foolish people will tout that making it a right would allow unsafe people to drive. It is a dumb statement. All that a right really does is GUARANTEE "Due process." That is, before the government may remove your right (to even life) is to let you have your day in court and be judged by your peers. We have a 2nd amendment right to guns and convicted felons tend to loose that right. If we had an expressed right to drive, you would find that about the same number of people would loose that right as those with suspended licenses but you would also find things tied to your license that have nothing to do with how well you drive, would pretty much vanish.
Steve
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