CA Supreme Court allows only union protests on private property

Dec. 28, 2012

By John Seiler

In civics and law classes, we’re taught that the court system is “objective” and “follows the Constitution.” In fact, courts are just more political bodies. And as someone said, the U.S. Supreme Court “reads the newspapers.”

That’s also true of the California Supreme Court. It just ruled that private property can be invaded by union protesters, but not by other protesters or by people gathering signatures for petitions.

What a coincidence. Just last month, unions demonstrated their total control over California by passing the Proposition 30 tax increase, defeating the Proposition 32 limit on taking union dues for politics directly from employee paychecks and pushing a Democratic supermajority into power in the state Legislature. Two years ago, unions put Jerry Brown on the governor’s throne; he calls them “my troops.”

As to protests, the U.S. Constitution is clear: they are allowed on public property, such as sidewalks, but not on private property. The Fifth Amendment stipulates that no person may “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

When the government allows unions — and only unions — to trample on your property, then your property is being “taken for public use, without just compensation” — or any compensation.

The Fourteenth Amendment, enacted after slavery was abolished, also guaranteed, “nor shall any State deprive any person of life, liberty, or property, without due process of law.”

State courts allowing unions to march on your private property obviously is a State — in the case before us, California — depriving property owners of their “property, without due process of law.”

What about the rights to free speech and to protest, as guaranteed by the First Amendment? Those certainly are allowed — on public property, or on private property with the owner’s permission. But no one, obviously, has a right to barge into your living room and start protesting your beliefs; that’s your private property. And the building, parking lot and private sidewalks of a business are its private property.

Except for union protests in the state of Unionifornia.