The Farmville herald. (Farmville, Va.) 1957-current, 1963-09-20
Robert Bork
The Case Against The Public Accommodations Act

Editors Note: These are ex-
cerpts from an article entitled
Civil Rights = A Challenge"
which appeared in the Aug. 81
issue of The New Republic.
Few proponents Of legislation
such as the Interstate Public Ac-
commOdati0ns Act seem willing
to discuss either the cost in
freedom which must accompany
1t or why this particular depar-
ture from freedom Of the indi-
vidual to choose with whom he
will deal is justified. Attorney
General Kennedy appears to
recognize but TO wish to avoid
these questions, for, in speaking
on behalf OF the bill before
a congressional committee. he
vert SO far as to state that the
law would create no precedent.
That Of course rs nothing less
than an admission that he does
not care to defend the bill ON
general principles.
There seems to be a strong
disposition on the part Of prop0-
nents OF the legislation simply to
ignore the fact that it means
loss in vital area of personal
liberty. That it does is apparent.
The legislature would inform
a substantial body of the citi-
zcnry that in order To continue
to carry on the trades in which
they are established they must
deal with and serve persons
with whom they do not wish to
associate. In part the willing
ness to overlook that loss of
freedom arises from the feeling
that ii is irrational to choose as
SOciates on the basis of racial
characteristics.
Behind that judgment, how
ever. lies an unexpressed nat
,iral-laW view that some per
sonal preferences are rational.
that others are irrational, and
that majority may impose up
on a minority its scale Of pref
erences The fact that the CO
creed scale of preferences is
said to be rooted in a moral o.
der does not alter the impact
upon freedom II society tli4t
purpolts to value freedom as y
end III itself, the simple arel
ment from morality to law C.A
be a dangerous non sequitur.
Freedom is a value of ve.y
hleh priority and the occasi3.-s
upon which it is sacrificed QUIZ,
to be Kept to a minimum II
necessary that the police prot :;
a man from assault or theft
il is long leap from that
protection from tlle insult
Piled By the refusal OF arctl
individual to associate or deal
with him The latter involves
principle whose logical reach is
difficult to limit.
If it is permissible to tell a
barber or a rOOmlng house own
er that he must deal with all
who come to him regardless of
race or religion, then it is I'M
possible to see why a doctor.
lawyer. accountant. or any other
professional or business man
should have the right 10 dis
criminate Indeed. it would be
unfair discrimination to leave
anybody engaged in any com
m arcial activity with that right.
Nor does it seem fair or ra-
tional. given the basic premise
to confine the principle TO equal
treatment OF Negroes as custo-
mers. Why sholllc thn law not
require not merely fair hiring
of Negroes in subordinate po-
sitions but the choice OF partners
or associates in a variety Of
business and professional En-
deavors without regard to race
Of creed? Though such d law
might presently be unenforce-
able. there is no distinction in
principle between it and what is
proposed II is difficult to sec an