Not shoplifters on a class basis "person who has shoplifted anywhere" but rather on an individual relation basis "person who has shoplifted from my business in the past".
Upon further thought my pool party example has a serious flaw that the instigator is coercing the actors to in turn coerce the third party. In a secondary boycott the instigators merely present their case along with proposed action and the consumers voluntarily coerce the third party if they are convinced. To fix my example then, I have an ongoing dispute, I inform my neighbors of this fact, I suggest (but certainly don't demand) that my neighbors might shun him if they feel similarly to myself, and the court then finds me to have violated the law.
"Vote with your wallet" is such a popular refrain when people advocate for regulation yet somehow the advocacy to organize that is what's being restricted by the courts here.
Consider an alternative example where activists call to boycott a large retailer because they have a subcontractor whose operations are acutely damaging the environment. Is that an illegal attempt to coerce market participants or is it protected speech (by the activists) followed by the freedom not to do business (by the consumer)? A union advocated secondary boycott seems substantially similar to me. (Is my example even legal in the US?)
> threatens every freedom of the guy down the street, because it threatens his survival.
That does seem like a reasonable principle to me but it appears inconsistent with how things currently work. Generalizing, it becomes the principle that market participants can only ever discriminate in directly relevant ways on the basis that survival in the modern world depends on the market. Thus advocacy to do otherwise is clearly illegal. Effectively it would be outlawing political activity carried out via market forces. In the environmental example above the activists would need to instead lobby to pass relevant regulations.
That said, I think a relevant analysis needs to account for the various examples of chickenization from the linked article. When laborers become supposed arms-length subcontractors (of subcontractors, of ...) in name only it seems apparent that capital is also coercing market participants in ways it should not be allowed to.
Upon further thought my pool party example has a serious flaw that the instigator is coercing the actors to in turn coerce the third party. In a secondary boycott the instigators merely present their case along with proposed action and the consumers voluntarily coerce the third party if they are convinced. To fix my example then, I have an ongoing dispute, I inform my neighbors of this fact, I suggest (but certainly don't demand) that my neighbors might shun him if they feel similarly to myself, and the court then finds me to have violated the law.
"Vote with your wallet" is such a popular refrain when people advocate for regulation yet somehow the advocacy to organize that is what's being restricted by the courts here.
Consider an alternative example where activists call to boycott a large retailer because they have a subcontractor whose operations are acutely damaging the environment. Is that an illegal attempt to coerce market participants or is it protected speech (by the activists) followed by the freedom not to do business (by the consumer)? A union advocated secondary boycott seems substantially similar to me. (Is my example even legal in the US?)
> threatens every freedom of the guy down the street, because it threatens his survival.
That does seem like a reasonable principle to me but it appears inconsistent with how things currently work. Generalizing, it becomes the principle that market participants can only ever discriminate in directly relevant ways on the basis that survival in the modern world depends on the market. Thus advocacy to do otherwise is clearly illegal. Effectively it would be outlawing political activity carried out via market forces. In the environmental example above the activists would need to instead lobby to pass relevant regulations.
That said, I think a relevant analysis needs to account for the various examples of chickenization from the linked article. When laborers become supposed arms-length subcontractors (of subcontractors, of ...) in name only it seems apparent that capital is also coercing market participants in ways it should not be allowed to.