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** Business vs. Government? ([link removed])
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by Alan M. Dershowitz • April 2, 2022 at 5:00 am
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* If a corporation builds a better mousetrap than the government, we buy it. And generally, that is a good idea. But it may come with costs, not easily measurable in dollars or speed.
* The Constitution itself was not designed for efficiency.... Ours was designed to check and balance power, rather than to expedite results. We pay a price for our desire to prevent too much centralization of authority in any one person or institution. And sometimes we grow impatient at the slow pace of progress.
* We want our mail delivered faster and more frequently; we want to know the outcome of elections tonight not next week... we want our disputes resolved without months of pretrial discovery. And so, we turn to the classic American solution: private enterprise, free market competition, capitalism.
* The time has come to consider the consider the costs and benefits of this important development.
* It is not the object of this article to resolve these issues or to propose specific jurisprudential shifts. It is simply to bring together a number of related changes that have in common the privatization of traditional governmental activities, and to begin a discussion of the legal changes that, especially in the area of social media censorship, seem urgently required.
* We must begin a discussion of the legal changes that seem urgently required, especially in the area of media censorship, invasion of privacy and lack of transparency by private companies that appear to be performing functions, possibly at the behest of the government, as a way of bypassing the restrictions placed on the government by the First Amendment.

We must begin a discussion of the legal changes that seem urgently required, especially in the area of media censorship, invasion of privacy and lack of transparency by private companies that appear to be performing functions, possibly at the behest of the government, as a way of bypassing the restrictions placed on the government by the First Amendment. (Adobe Stock File #2478721)

When I was growing up, the mail was delivered by the post office, money was printed by the treasury, votes were counted by election officials, wars were fought by the army, prisons were run by departments of correction, law enforcement was conducted by the police force, space exploration was done by NASA, legal disputes were resolved by judges and juries.

Today, these and other traditional governmental functions are being shared among public, private and mixed groups. This growing privatization of what used to be deemed the provenance of the state raises fundamental and rarely discussed questions of constitutional law, political accountability and the nature of our society.

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