Comment by pc86

There is a reason that many of the rights enumerated in the Constitution, at some level, restrict the government (originally just the federal government, not even the states) and not private enterprises.

The go-to example is recording. Watch any "First Amendment auditor" video on YouTube (prepare yourself, most of them are a struggle to watch). I can walk into any government building, and as long as I'm in a publicly accessible area, I can record almost whatever and whoever I want. This includes otherwise private property that the government is leasing. I essentially cannot be kicked out unless I cause a disturbance as long as the location is open for public business. This is true for DMVs, county administrative buildings, police offices, jails, any government service with a public area and public hours.

On the flip side, if Target wants to ban recording in their stores, not only can they do so with zero risk of litigation, but if you get trespassed you can be fined or go to jail for a violation. The penalties get even harsher for the same trespassing crime if it's a private residence and not a business.

I'm sure we can come up with counterexamples, and maybe surveillance is the best one, but philosophically it's pretty easy to see why it's worse for the government to do a Bad Thing than for any individual or private enterprise to do the exact same Bad Thing.

Edit: I'd love to hear a justification as to why this is being downvoted because nothing in the content warrants that.