Comments by "Joe Blow" (@JoeBlow_4) on "John Kennedy Quizzes Biden Judicial Nominees On Constitution" video.

  1. Penumbra was used many times a a colloquialism but basically she should have known Griswald v. Connecticut. These people aren't prepared to be federal judges.
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  2. The Supreme Court has ruled on this matter several times, and in most instances has sided with the property owner if it is private property. In one instance however, after the California Supreme Court ruled in favor of the free speech of the people coming to the property owner (Robins v. Pruneyard Shopping Center). The Supreme Court heard the appeal and ruled that its decision in Lloyd v Tanner (where it sided with the property owner) did not extend to the Robins case, specifically because their ruling in Lloyd, didn't "of its own force" limit a State's ability to "exercise police power (power to regulate the use of private property) or its sovereign right to adopt in its own Constitution individual liberties more expansive than those conferred by the Federal Constitution. A state may, therefore, in the exercise of its power to regulate, adopt reasonable restrictions on private property, including granting greater freedom to individuals to use such property, so long as the restrictions do not amount to a taking without just compensation or contravene any other federal constitutional provision". In virtually every instance the courts rule in favor of the property owner over an individual's right to free speech on their property, so this is clearly not settled law. Kennedy merely wanted to see where they stood on the matter.
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