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Southwest Airlines Did Not Censor
by
Jacob G. Hornberger,
October 14, 2005
A recent decision by Southwest Airlines to throw two passengers, a husband and wife, off a flight
holds a valuable lesson about private-property rights, censorship, and the Bill of Rights.
The reason the couple was grounded was that one
of them wore a t-shirt containing a photo of President
Bush, Vice President Cheney, and Secretary of State Rice
along with an obscene phrase that resembled the title of
the popular movie Meet the Fockers.
While some would undoubtedly cry, Censorship!
they would be wrong. There was no censorship in what took
place here. There also was no violation of the First
Amendment.
Contrary to popular opinion, the Bill of Rights does not
operate as a control over private actions. Instead, its
restrictions are limited to conduct by officials of the
federal government. Read the First Amendment carefully.
Youll notice that it expressly prohibits Congress,
not private individuals and corporations, from depriving
people of such fundamental rights as freedom of speech,
freedom of the press, and freedom of religion.
Why would our American ancestors see the need to impose
such an express prohibition on U.S. senators and
congressmen? Because they knew that Congress inevitably
attracts people who believe in depriving people of such
rights, especially during crises and emergencies. After
all, if the federal government attracted people who
believed in a consistent honoring of fundamental rights,
why would the restrictions in the Bill of Rights be
necessary?
As the owner of its own planes, Southwest Airlines has
the right to set any restrictions it wants with respect
to people who board its flights. One of the restrictions
that Southwest has implemented is: No obscene attire on
board their flights.
If a person chooses to fly Southwest, he implicitly
agrees to the airlines conditions for passenger
behavior. By setting a no obscene attire
condition, Southwest Airlines is not
censoring its passengers. As the owner of the
planes, it has the right to set forth the conditions
under which the planes will be used by its passengers.
By the same token, while Southwest has the right to set conditions for
passenger conduct on its airline, it cannot force people to fly its
planes. If people dont like the conditions, they
are free to fly some other
airline or use some alternative means of transportation.
People have no right to fly that would enable
them to violate the conditions on passenger behavior set
forth by Southwest.
As our American ancestors understood so well, ultimately
a free society is based on the protection of private
property rights. Thus, under principles of liberty and
property, Southwest Airlines has the right to set
conditions for passenger behavior and conversely passengers have a
right not to fly Southwest.
Jacob Hornberger is founder and president of The
Future of Freedom Foundation. Send him email.
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