The concept of a "common carrier", and the duties implicit in holding onself out as (or being licensed) as) a common carrier, are common-law concepts that go back to English stagecoach law. Much of the U.S. case law on the dutues of common carrier is railway and public transit law, but applies equally to airines.
Here's one law review article discussing the duty of airlines as common carriers to transport all passengers, and what due process might be required for any attmpet to limit that right: https://scholar.smu.edu/cgi/viewcontent.cgi?article=1564&context=jalc
"As private companies, airlines can certainly refuse to allow certain people to board their planes."
Actually, as common carriers, that's exactly what they can't do: they have a legal obligation to transport all passengers willing to pay the fare and comply with the conditions of carriage in their tariff.
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Re: Re: Common carriers and the duty to transport (as Edward Hasbrouck)
Common carriers and the duty to transport (as Edward Hasbrouck)
"As private companies, airlines can certainly refuse to allow certain people to board their planes."
Actually, as common carriers, that's exactly what they can't do: they have a legal obligation to transport all passengers willing to pay the fare and comply with the conditions of carriage in their tariff.
Techdirt has not posted any stories submitted by ehasbrouck.
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