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Comment by mjx0

The unlimited “freedom of contract” is an idea that the US Supreme Court reversed position on in the 1930s – merely 30 years after it was invented – and for good reason. For those wondering, “freedom of contract” as a term of art is essentially the idea that a government cannot regulate the behavior of parties to a contract, because the involved parties have some unlimited power of contract. The US Supreme Court found this in Lochner v. New York (1905), and reversed it in West Coast Hotel Co. v. Parrish (1937).

You seem to have implied a business’ right to exist, and operate at the expense of others free from regulation. As demonstrated, the earlier part of your comment was rather light on factually correct information, but could you cite the jurisprudence backing this idea of yours?

parent mjx0 3 years ago

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