On 5 Nov 2001, at 9:39, [EMAIL PROTECTED] wrote:

> I disagree Craig, in the specific case of an airplane flying over
> populated areas, or other similar examples such as say "a truck moving
> explosives" and the like .. in those cases the Gov. probably has the
> right to tell the Airline many things, eg, dont fly today there's a
> hurricane, dont fly in this area its set aside for kite flyers today,
> dont fly with such and such a mechanical problem, etc.

There are somethings that it might be legitimate for a government (or 
anyone else -- the government is not above anyone) to order 
an airline about.  Ie. don't to something that violates an
individual's rights or reclessly and negligently endangers masses 
of people.  But the examples you give do not fall in these 
categories.  Airline safety standards should be regulated by the
market (people have a right to patronize (or not) an airline whose 
safety practices suit them).  And the government has no business 
allocating property rights (in airspace or anything else).
 
> Quite simply say a criminal was getting on the plane (a theif or
> whatever - nothing to do with war etc -- someone who it was suspected
> would pickpocket all the passnegers in 1ts class during the flight) --
> it would be a normal act of jurisprudence to arrest or detain that
> person, IMHO.

This would be prior restraint.  Prevention of the commission of a
crime is legitimate.  Forceably restraining someone on the basis 
that someone thinks (even for good cause) they MAY commit a crime 
is something else.  On the otherhand, the airline can rightfully 
exclude anyone they want for any or no reason; an airline which 
excludes known crimnals might be a marketing feature.  But this 
would not be a legitimate act for a government.
 
Best,

CCS

**********************************************
*               Craig  Spencer               *
*           [EMAIL PROTECTED]           *
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