re: #538 sattv4u2

Tired here (end of a 12 hour overnight shift) so please bare with me

What is “unprotected conduct” that is constitutional?

Constitutionally unprotected conduct is (for example) forbidding blacks from eating at your lunch counter, if you run a place of public accomodation. Or refusing to rent an apartment at your apartment complex to Mormons.

Constitutionally protected speech is saying that blacks are stupid. Or Mormons the agents of Satan.

The former is a legitimate area for federal legislation. (Hence Title Two of the 64 CRA.) The latter, however unattractive in the particulars, is not, due to the utterly appropriate strictures of the First Amendment.

Rogue’s position seems to be that they are one and the same: that property rights trump civil rights and that conduct equals speech. That position is wrong.