Smokers' Rights Are Everyone's Rights
Jul. 18th, 2008 12:21 pmAyn Rand Institute Press Release
Property Rights Go Up in Smoke in San Francisco July 17, 2008
Irvine, CA--San Francisco is poised to pass one of the nation's most radical smoking bans. Mitch Katz, director of the city's Department of Public Health, endorsed the anti-smoking proposals saying, "Tobacco remains the number one cause of preventable death in the U.S.--period. It's government's responsibility to protect people from obvious risks."But according to Don Watkins, a writer for the Ayn Rand Institute, "It's not the government's responsibility to protect us from risks, obvious or otherwise--its function is to protect our rights from being violated by physical force or fraud. The American system is not one of nanny-state paternalism, with the government controlling our lives and choices. It is a system in which the government exists solely to protect our freedom so we can direct our own lives and choices.
I don't smoke; I'm allergic to tobacco. However, I still support the right of people to smoke on private property, in designated sections of public places such as restaurants, outdoors, and anywhere else it doesn't trap unwilling participants. If they want to have special smokers' bars or lounges, that's ideal because it lets them enjoy themselves without bothering anyone else. It makes sense to ban smoking in places where it's dangerous (grain silos, hospitals, etc.) or public places where people are sometimes obliged to go (courthouses, utility companies). Beyond that, the bans do more harm than good -- not to people's bodies, but to their liberty.
The easiest way to cut down an inconvenient right is to start by attacking some unpopular group. It's simple to get people to support the attack against someone they find annoying. But that opens the door for applying the same principle elsewhere, which is what makes it dangerous. There's a very famous poem about this technique. Right now, smokers are unpopular. So attacks on smokers' rights are sailing through because other people like the idea of not being around tobacco smoke. Those precedents can then be used to ban other activities on private property -- for no better reason than somebody else thinks they have a right to fob off their personal morality on you.
This also promotes the pernicious idea that the government has a right to enforce what you do with your very own body. Remember the recent attempt to reclassify birth control as abortion? These two things are connected, not by impetus (cutting down property rights vs. cutting down women's independence) but by principle: "you control your own body" vs. "the government controls your body."
Rights only work when they protect everyone, even the people you find irritating. I don't like smoke. But I like my freedom a lot more than I dislike smoke. If somebody lights up, I can move upwind or elsewhere. If the government demolishes property rights and bodily integrity ... that's a lot harder to evade. Our ancestors fought a revolution over freedom, and we've mostly thrown away those gains. That's very disturbing.
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