The debate as to whether so-called “nanny state” laws lead down a slippery slope is an empirical question that will be answered; either the paternalistic laws will continue to encroach on personal freedom, or they will reach an equilibrium. Let me file this under evidence that the slippery slope is real:
Smoking is already illegal inside the state’s bars and restaurants, and now Kane County will research the legality of implementing an outdoor smoking ban as well.
Note that this is not smoking in public places outdoors, but smoking on private property outdoors.
I think it would be useful to for critics of the slippery slope theory of paternalism to demarcate now what future policies would constitute evidence that they are wrong, because my guess is the point of demarcation will move right along down the slope with policy. Several years ago many of todays critics of slippery slope theory would have said that an attempt to regulate salt would constitute evidence. But now, farther down the slope, salt regulation is just sensible policy.

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Thursday ~ May 20th, 2010 at 11:32 pm
jazzbumpa
The fundamental conflict is between incompatible rights – your right to smoke vs my right to not have to breathe in your effluent.
Note that Kane Co. has not enacted any legislation – it is simply studying an idea.
Once again – and I hope not to annoy you this time – the salt situation and the smoking situation are totally different. Smoking involves an activity you inflict on yourself, with a consequent effect on me, if we are in some proximity. The salt situation involves regulating how much salt a commercial enterprise can place in food stuffs for general consumption. No one is coming for your salt shaker, and salt will still be available at the grocery store. These are as different as an apple and a salt shaker – or cigarette, if you prefer.
In the Kane Co. situation, the claim is made that living conditions are such that one person’s smoke is unavoidably thrust on another. Seems a bit far-fetched, but not beyond the realm of possibility. It’s a tough, zero sum situation, and somebody will end up displeased.
I don’t know how to respond to your slippery slope challenge. The idea seems, frankly, fatuous. Smokers might be losing their freedom to smoke in more places, because other people cannot avoid their pollution in those places. Is it a slippery slope to go from clean air policy to clean water policy? Is there a right to pollute that over-rides a right to a non-toxic environment? If you live up-stream, do you have a right to dump industrial waste and raw sewage into my water supply?
OK – here’s a stab at it. I’ll say a paternalistic society could possibly be on a slippery slope when it mandates against private behavior in closed quarters that does not harm another person – and then demonstrates encroachment into more areas of private life. As it stands now, I can chain-smoke in my kitchen, drop the ashes in the pancake batter, and dump a pound of salt on my corn flakes; and I see no indication whatsoever than anyone will take these freedoms away from me.
Banning cigarette sales to minors and banning advertising hasn’t led to a ban on selling to adults.
On the other hand, though, prostitution is illegal in most places. Do you see any kind of slippery slope there? What about a marijuana ban? Presumably, that exists to counteract a different slippery slope from soft to hard drugs.
BTW, those who smoke and use excess amounts of salt do cause societal damage, since they will (probabilistically) result in the medical expenses that follow from their life style choices – and that will be born by society in some way: lost work time, higher insurance premiums, etc. Sooner or later, your smoking takes money out of my pocket.
None of this is so simple as your slippery slope idea of paternalism seems to imply.
Cheers!
JzB
Friday ~ May 21st, 2010 at 7:48 am
Adam Ozimek
You’re right that it’s more than just a case of simple paternalism. However I would say taking an increasingly expansive view of what is a significant externality and using that to justify regulating private behaviors on private property is paternalistic. You demonstrate the lack of a difference here in the end where you claim that because policy has externalized medical costs, all potentially unhealthy private behaviors have externalities.
You say “I’ll say a paternalistic society could possibly be on a slippery slope when it mandates against private behavior in closed quarters that does not harm another person – and then demonstrates encroachment into more areas of private life.”
I’m not sure how the salt regulation doesn’t describe that. See my most recent post on how salt regulation actually impinges freedom.
Friday ~ May 21st, 2010 at 11:26 am
Rebecca Burlingame
Part of the reason governments march toward nanny states is that it is so easy to enact any legislation that does not really cost the government anything to enact. There are always enough people convinced that the government is doing some good, to continue taking freedoms away. It is hard for anyone to realize they have lost their freedom until they lose their job and struggle to find a way to survive.
Wednesday ~ November 3rd, 2010 at 5:48 pm
We’re always at the bottom of the slippery slope « Modeled Behavior
[...] there is a slippery slope then where could we possibly slide to next?”, let me repeat what I wrote awhile ago: I think it would be useful to for critics of the slippery slope theory of paternalism to demarcate [...]
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