The Limits of Freedom

As my state considers a state-wide smoking ban in restaurants, bars, and the like, I’ve been considering when it is appropriate to restrict freedom. I don’t smoke, and I don’t particularly like second-hand smoke either, so it’s very tempting to me to stay on the sidelines. After all, it’s not my choices that are being restricted.
But I also am reminded of the fact that we live in the “land of the free”. What exactly does that mean? In this country, we take freedom very seriously. Let’s start with what I hope everyone can agree on: Freedom is not limited by what the majority feels is the right thing to do. It is a contradiction to say, “Yes, we are free in this country, so long as you do use your freedom to choose good things and not things we think are stupid.” The point of the right to “freedom” is that we have a right to make our own choices, even if others would view them as poor choices. Anything less is not truly freedom.
However, there are also times when our freedom is, and should be, restricted. I cannot do anything I want and defend my actions by saying, “It’s a free country, ain’t it?” I can’t steal something that doesn’t belong to me, or yell “fire” in a crowded movie theater. So there are limitations to my freedom, and rightly so.
So, as I contemplate the pending smoking ban, and my own apathy towards it, I’m prompted to consider the question: when it is OK for my freedom to be restricted? The default position should be that my freedom should not be restricted, and the burden is on those who wish to restrict freedom to argue that it is worth it.
There are two arguments for why a particular choice should be restricted. The first may be obvious, although I think it has some subtleties. The second is less obvious.
1) My freedom to do something may be restricted when that choice is harmful to other people who are not willingly participating. The harm may come upon them directly or indirectly (I don’t understand why some people argue that indirect harm is any less valid than direct harm.) However, the question should also be asked: can the harm on other person be avoided by some other means that doesn’t restrict the freedom of either party?
2) My freedom to do something may be restricted if the decision is too complex for the common person to make it on their own. That’s a statement that most freedom-loving people would scoff at, but I hope you consider it carefully. Do you oppose regulation that says that poison should not be put in cereal? What if companies could do it without even indicating it on the label? If we consider only #1 above, one could argue that the companies are free to do so, because those who buy the cereal are willingly participating in the consumption of that cereal. Consumers are free to abstain. However, clearly this is going too far. We accept the fact that our government protects us from our own ignorance at times. It would be impractical for everyone to be an expert in every field so that we can make good decisions in all aspects of our life. I don’t have the expertise or equipment to test the breakfast cereal that I buy for poisons, so I trust the FDA will do it’s job and restrict food companies from putting such things in my food. I also trust that the government will ensure the safety of the planes that I board, because I am incapable of doing so myself. So I want the government to restrict the airlines from choosing to neglect passenger safety.
So, returning to the smoking ban, we must first define which freedom we are restricting (and, to be clear, every law can be defined as a restriction of freedom). In this case, the freedom being restricting is the freedom of business owners to determine whether smoking will be allowed in their business. As much as I like eating in smoke-free restaurants, I have to say that I can’t justify the restriction of that freedom, based on the criteria above.
For one thing, no one is forced to enter the business, and therefore no one is harmed except for those who willingly participate. Clearly, customers are not forced to enter a particular business. And even employees can choose to quit. One might argue that the right of the employee to choose where they will work is being infringed. However, that right doesn’t really exist. A person does not have the right to choose any workplace and determine the conditions of their employment. The employer decides who is hired and who is not, and the employer also has the right to set the conditions of employment. That’s not to say that the employer holds all of the cards. If an employee does not like the working conditions, the employee can choose the leave. If enough other employees follow, this can cause problems for the employer as well. The employer will have to look harder and pay more to find people willing to work in sub-par conditions.
Secondly, the decision to smoke or not to smoke, or to frequent a business that caters to smokers, is not too complex for the average consumer. There is no need for the government to protect us from our ignorance, since the negative health effects of smoking are well-known.
And yet, the smoking ban will likely pass without much challenge. So, am I missing another key reason why freedoms can and should be restricted? I’m not opposed to seat-belt laws, but that also doesn’t qualify under either of the conditions mentioned above. So, is there another condition I am missing? Or should we be accept a government that restricts our freedom to make bad choices?
Worst Possible Sunday Interview
What was John Boehner thinking?
Here’s the “wha-what?” quote:
George, the idea that carbon dioxide is a carcinogen, that it is harmful to our environment, is almost comical. Every time we exhale, we exhale carbon dioxide. Every cow in the world, you know, when they do what they do, you’ve got more carbon dioxide.
George was kind to interrupt him before he dug the hole any deeper, but then he goes on to answer every “what is your plan?” question with “well what we can’t do is…”. SNL could pretty much repeat this word for word and get plenty of laughs.
I do believe that there is still scientific debate to be had in regards to how much climate change is caused by man’s activities, however the argument that carbon dioxide can’t be bad because cows emit it is insulting to our intelligence.
Rare Disease Day 2009
Saturday, February 28th, is Rare Disease Day 2009. Some might wonder why we need a day to recognize rare diseases. I would have wondered the same thing myself about two years ago. But as a parent of a child with Eosinophilic Esophagitis, I now understand that patients with rare diseases face a unique challenge. For more common diseases, research and investment dollars are much easier to come by. This is for good reason, because each dollar carries more bang for the buck because of the economy of scale. If you could help save 1000 kids for the same amount of money as it would take to save 1, which would you choose?
Last year American Express hosted a competition, of sorts, between charitable initiatives. The idea was to have people present ideas that needed funding, and then narrow it down to 25, based partially on public voting. The project named “EE – Save Sick Children”, aimed to raise money for APFED, finished second in the overall vote count. However, American Express decided to exclude the project from the final 25 projects. Am I angry about that? No. I don’t really blame them. I don’t know that the project was really more deserving than other projects. Still, this illustrates the difficulty those with rare diseases have in getting the research attention needed to help them.
It’s important that our society does not forget about those of us who have the double-challenge of not only having a chronic disease, but one that is not well known, understood, or researched. That is why I’m grateful that organizations like The National Organization for Rare Disorders have fought for people like me long before I knew I would care. Please watch this video and take a moment this Saturday to think how you can help those who are sick for no fault of their own, especially those struggling not only with their disease, but fighting a lonely battle:
Thanks to The Moderate Voice for bring this day to my attention.
Cross posted to DaddEE
Unilateral Bipartisanship
David Axerlrod on Meet the Press (my emphasis added):
MR. GREGORY: All right, so how was [the Republican party's] influence felt [in the stimulus bill]?
MR. AXELROD: Well, I think in tax–in terms of tax cuts. I think the tax cuts reflect some of their, their thinking. I mean, we agreed with them in terms of tax cuts to help small businesses get through this. They–their–the AMT is now added. The AMT fix is now added to this. The, the, the Web site recovery.gov was suggested by Representative Cantor, the leader of the opposition in the House.
Maybe I’m reading too much into this, but I don’t think so. Notice the words he struggles with. He wants to portray the tax cuts as concessions to Republicans, but at the same time does not way to give away the credit for their inclusion from the Democrats. The worst thing Democrats could do right now is concede the point that Republicans have been making for a long time: that Democrats are against tax cuts. But at the same time they want to be able to point to the tax cuts as evidence of concessions to the Republicans. They’re walking a fine line and getting away with it for the most part.
My impression of the Democratic view of bipartisanship: “We welcome ideas from across the isle, as long as they are also our ideas.”
I don’t blame Democrats for wanting to limit the Republican influence on this bill. Let’s face it: they won that right in November. But don’t try to portray it as bipartisan because a Republican suggested a website. Because, you know, clearly the success or failure of the stimulus package hinges on recovery.gov.
