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The "private property" argument was always a bit iffy outside urban areas with ample centrally-located parkland or large public buildings with plenty of sidewalk space. Anywhere else, if you're protesting, you're protesting on somebody's property. Sure you can stand and march in the street, but there are issues with that too.

Ideally 1A protections would be seen as something of a bare minimum, rather than the highest level of protection people could ever dream of enjoying.

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