I never claimed flock was the first - you just invented that whole cloth. It also entirely misses the point I just made (intentionally I think). Different degrees of the same thing can and should be treated differently.
I am not singling out flock here. I am merely observing that a given behavior having been deemed legal or constitutionally protected in one context does not necessarily translate over to another. Your previous line of argument justifying that the practices of flock et al are legal depends on such specious reasoning.