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Posted By: Joann

Bryan,

I had actually put a line about the Decl/Indep example in my previous post but deleted it. I'm not sure that's the best example of an extreme to use, because that's not in private hands and excluded from general access. Similarly with other examples such as art masterpieces. Therefore the need to cut it up, disperse the enjoyment among more private owners, etc, doesn't exist.

I know the public display argument doesn't get to the core issue of an individual's right to accumulate and own versus the consideration of preserving history, but it at least addresses that example.

To me in the end it would come down to this: What if it were the last one of something? What if it were the last Ty Cobb jersey in existence? Should the person who owns it be allowed to cut it up and distribute it? Is that different from that person locking it away in one piece for all time? I agree with the argument before that cutting it up destroys it for all time, while locking it away at least keeps some future ability to resurrect it.

Again, I don't know what to think. Property rights in America are a very big deal, and this is just another example of the difficulties that arise from the desire to protect that interest.

Joann