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Posts Tagged ‘tobacco’

A small victory for freedom and common sense, though for the wrong reasons:

A court in Breda, Netherlands has overturned the smoking ban the government imposed last summer. The judge ruled that the ban violates Article One of the Constitution and the European Convention on Human Rights.

The judge argues that the ban disproportionately affects the owners of small establishments with no additional staff.

The correct reason why the smoking ban is doubly absurd is that it targets private, not public places and in particular ones where most customers come specifically for smoking. The fact that passive smoking can lead to cancer is quite irrelevant here because no one is forcing a non-smoker to go to these places. 

A similar law in the US, for instance, would immediately ban most hookah bars. I would think anyone would see the underlying absurdity and inherent dangers immediately but apparently that is not the case.

I am also surprised — as when I read the linked comment above — at most people’s amazing lack of understanding of the basic libertarian principles and their propensity to attribute positions to their opponents that they do not hold. (For the uninitiated, this is usually referred to as a strawman argument)

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The following piece of news seems relevant in the context of my earlier post on tobacco and the illusion of liberty caused by unprincipled value judgements.

From the incomparable Reason Brickbats:

Dutch police cited a 27-year-old man for smoking a joint in one of Amsterdam’s famous coffee shops. Smoking pot is legal there, but the man, who was not identified by the local press, mixed the pot with tobacco before rolling the joint. That broke the Netherlands’ ban on smoking tobacco in workplaces.

The above incident is so absurd that I cannot even feel outraged.

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Oregon wants to raise the (tobacco) smoking age to 21.

Wait, that can’t be right, can it? Don’t Oregonians love their mountains and their freedom? I mean, come on, Oregon  is a pioneer in assisted suicide laws. It was one of the very few states to oppose ski-helmet mandates in an online TIME poll from last week! And they really like gays and unconventional individuals.

And oh, they love their pot. Marijuana for medicinal use is legal and simple possession for personal use has been decriminalized. If there is one state whose residents would be comfortable with legalizing most drugs, it is Oregon. So how can they get paternalistic about tobacco?

You see, tobacco is just not in. Hell, rednecks smoke it all the time. Some of the lowest taxes on tobacco are in states where gay-haters and religious conservatives rule.

For that matter, fatty foods are not in. Pleasures that are not good for your health are usually not in unless supplemented by some kind of culture. Free speech is in but hate speech is not. Trying to explain to them that hate speech is part of free speech is most certainly not in. Protesting exploitation and capitalism and going to jail for political persecution is in. Woolly sweaters and vegetarianism are in. For a detailed list of things that are in at cities like Portland or Seattle or SF or NY, head over to SWPL.

So I was thinking of all this and that’s when I realized this: Oregon’s supposed libertarianism is an accident. It has nothing whatsoever to do with the moral principle of individual liberty. It has to do with certain value judgements.

It is the same everywhere. It is cool in San Francisco to be stoned for days doing weed or cocaine or heroine but smoke a pack of  cigaretters over there and you will be treated like a demon. Hookah is somewhat in though and will draw no more than mild disapproval. Wine  and most other alcohol is awesome. Prostitution is a private matter and should not be interfered with. However trans fats are banned.

Then head over to Texas or Utah and do all of the above things San Francisco residents approve of wholeheartedly. You will be dragged to jail kicking. But don’t get too despondent! In Texas, they will give you other freedoms than are in over there. Like guns and cigars and low taxes and the right to eat trans-fat laden foods.

Jeffrey Rosen said it best. On the surface it might seem that restrictions on freedom are getting more unacceptable. Horrendous laws like those against sodomy no longer exist. But the truth is that morals legislation is alive and well. The problem with sodomy laws wasn’t that they were based on moral disapproval; the problem was that the public consensus about the immorality of sodomy had collapsed. It all depends on the value judgements of the majority and the influential; the things they consider ok become legal. Defending freedom for freedom’s sake … not just in.

And that realization would ordinarily make me sad but today it makes me smile. For it reminds me of another insight I had when I was very young. Of all the insights I’ve ever had that one is my favourite. And it’s simply this: The world we live in is a ridiculously funny place.

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