Some commentators complain about First Amendment Lochnerism, a complaint which objects to protecting the free speech and religious liberty rights of persons engaged in businesses open to the public (such as Hobby Lobby and Masterpiece Cakeshop).
But, as Richard Epstein observes, “many of the greatest threats to religious liberty stem from insufficient protection of individual liberty in economic affairs.” Just ask Jack Phillips.
Perhaps the best way to protect religious liberty in the modern Regulatory State is to protect property rights and economic liberty liberty much more than at present. Freedom for all is freedom for each one. When you protect the liberty of all businesses, you protect the liberty of businesses owned by persons of faith (POFs).
As I once put it in a book on Christianity and Law, all people of faith should be able to agree that a small Babylonian government is better than a big Babylonian government.
What are your thoughts?
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