Surf-riding over the Republic and the Rule of Law

Date 10.29.14

Originally Posted on Canada Free Press

Before surfers and friends celebrate their victory over venture capitalist Vinod Khosla regarding access to Martin’s Beach through his land, they would do well to consider the following: now that the Governor has chimed in, threatening the use of eminent domain, what we have is the State controlling and/or taking someone’s private property. Recall that the function of our government is to protect our freedom, lives and property. So the government should have stood firmly behind Vinod Khosla and his right to use and control his own property as he sees fit.

Our laws also work on the basis of precedent. Governor Brown, with the encouragement of these complainers, has now set the precedent for the State to confiscate private property because some people want access to it. Hmmmm. That may sound great to these surfers now, but this also means that the State can turn around and confiscate their property—and anyone else’s—not just that of billionaires with beachfronts.

State Senator Jerry Hill, who sponsored the bill to force Khosla to let the public onto his property, had this to say, “By the governor signing this bill, it affirms what we’ve already known and believe, but some have tried to circumvent, tried to go around the law and the Constitution and the public’s right to the beach. This affirms that and that’s a message to not just Mr. Khosla, but others who feel their right of property precludes the public’s rights.” (The Daily Journal, “Gov. signs Martin’s Beach law,” Wednesday, October 1, 2014, Vol XV, Edition 39)

The public’s rights to someone’s private property? What Constitution is Sen. Hill talking about—Mao’s Little Red Book? True, that’s the way it worked in China, not to mention the Soviet Union and its Communist satellites: Romania, East Berlin, Cuba, etc. In fact, it’s a well-worn page right out of the Communist playbook.

But this is America, and our Constitution protects the rights of the individual, not of the “public” or the State. When the public can demand to use or take an individual’s property, that is mob rule. When the State does so, it’s tyranny.

Let’s hope Khosla wins in court. If not, it will be a defeat for We the People.


Cherie Zaslawsky is a writer/editor/educator who lives in California. After many years as an unquestioning liberal Democrat, she woke up to reality, and hopes to help others do likewise.