Learning Resources, Inc. v. Trump · ¶121

Really, though, unless one is to believe children do not “have fun” on rollercoasters and at hotels, the babysitter hypothetical can be explained only with reference to some “external” and “substantive” norm. Id., at 508, 513. And, in fact, just such a norm is baked into the babysitter hypothetical—one we encountered in Part I–B, supra. The babysitter is exercising authority the parents have delegated to her. She is acting as their agent. As a result, one might expect a clear statement from the parents before the babysitter may do something extraordinary, like take the kids on a road trip.

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