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Talkback: Free market works, keep unnecessary government regulations out.


I finally have the time to sit down and respond to the comments from my previous post "Please Government: Protect me from myself!" As a general comment, I have to say this was nothing less than astounding. I didn't expect such emotional driven, facetious straw man arguments.

There were two common themes from the 6 comments: 1) The United States would fall apart if the government wasn't there to protect us, 2) people's choices to patron a particular establishment is based on no logic or reason.

It is extremely important to understand that under no circumstances should the government be a forcefully moral compass or to have a hand in determining social agendas. This makes the false assumption that the individuals we elect have 100% compatibility in our social and moral presumptions and 100% compatibility in everyone who voted from them. This also assumes the 49% of the people who didn't vote for the representative have changed their moral and social presumptions to go along with the representative. If this is the case, then every United States citizen is responsible for the torture and illegal detaining of terrorist prisoners because of the few who made the very wrong decision. This clearly cannot be the case because the Congress and Administration runs on their own moral and social agenda, no matter what the voters had originally wanted.

So I think I want to take the time to dispute some of the comments made on the previous post and hopefully in the process educate some of the commentators on what liberty should entail.

From Ellen: "The FDA will halve the allowable nicotine in cigarettes; smokers will buy twice as many packs as they did before; and government's tax revenues will double."

It is painfully clear in the article that they could not get enough votes to add "nicotine regulation" to the current bill. The bill only regulates the process of making the cigarettes. This may change your opinion on the bill being "best thing since sliced bread".

For fun, lets assume that Ellen had her facts straight and they were regulating the nicotine in the cigarettes or eliminating it all together. What would change?  Well two things will happen and we know this because of the fabulous (sarcasm) "War on Drugs". The first is the importing of stronger cigarettes, albeit illegally. The second is the eventual removal of cigarette manufacturing from the United States. The second will come about because of Economics 101: supply vs. demand. The supply will slowly decline because of the use of illegal cigarettes and the removal of "casual smokers" and the ones who won't buy illegal cigarettes will only be able to afford so much. What is the punishment for buying illegal cigarettes? Five years in prison after "third strike" law kicks in?

So why even bother? Proctor & Gamble and Altria Group have thousands of other products. Eventually the price to maintain the business will outweigh the income and then all production will stop. Period. No more cigarette taxes, no more multi-billion dollar lawsuits that the government has percentages invested in.

From CVille_Dem: "Do you also disagree with helmet and seat-belt laws? Because we all pay for head-injured, and broken-bodied people who flout those laws; our insurance rates go up to cover their long-term care, and eventually when they end up on Medicaid, it comes out of our taxes too."

Not only do I disagree with helmet and seat-belt laws, but I also disagree with the current state of insurance companies and the clear monopolistic terms that they have on their consumers. The insurance system is drastically flawed and should be delt with accordingly. Saving someone the trouble of paying a medical bill isn't the governments job. I do not need someone to give me common sense. The implied "I don't want to pay for other's stupidity" is pointing the finger at the wrong person. Is it the individual that is causing the problems or the insurance company?

The tobacco companies actually add in addictive chemicals, which are separate from the tobacco itself. It's not quite as simple as you portray here, elite.

Agreed. At the same time, insurance rates aren't as simple as you protrayed either. So we can call a draw on that. But I think a more "Public Health Concern" is people who don't wash their hands after going to the bathroom, or one's that cough in their hands instead of a tissue. Should we start fining these people too?

Don't get me wrong, cigarettes are terrible for you.  I don't smoke and I don't like to. I enjoy a occasional cigar with friends over some good whiskey and port. But at the end of the day it is my choice to ruin my body, just like it is people's choice to be grosly obeise.  Just imagine how many lawsuits would come about if McDonalds stop selling to people with a terrible BMI. How is this any different?

Which brings me to the final point. Consumers and their pocket books make better regulators than the government. i.e. Free market works.

From LegalCat: "How about those government regulations that require restaurants to refuse service to customer who aren't wearing shoes? Against those too? I mean, sure, it's a public-health issue, but the government has no right to put concerns about public health above the convenience of people who want to do things that are bad for other people, right?"

First, I am unable to find any actual laws regulating "no shoes, no shirt, no service". To the best of my google searching, it seems this was a common practice by store owners in the 1950s near beaches, where people mainly wear shorts only. So, to my understanding, yes you don't need government to deny service to someone. And the only "public health" issue for no shoes would be for the owners, who would have to deal with lawsuits if someone cut their toes. So it isn't for the public, as much for the owners. And the owner can enact that. Similarly shops that allow dogs to come in, like PetSmart, or some restaurants. This could be a public health concern for those individuals with deathly alergies, or dogs biting. But you know what the greatest part is? You don't have to go there. No one is making you eat at that restauraunt. If enough people don't patron a store, it will close. Or, if you want to be proactive, get a petition together and go to the store owner and express your concerns. No need to get a bully to do your job for you. All it takes is a little responsibility and proactivness.

Should the government have the ability to regulate private businesses to make them prevent customers from spitting on the floor?
You answered your question in the first 10 words. The government should not have the ability to regulate private business if the public is not harmed. Yes, you can't shoot firearms in an establishment but you should be able spit on the floor if it is "Jerry's floor spiting saloon". And if you don't like spit on the floor, I suggest going elsewhere.

It only takes a little bit of common sense and economics 101 to realize that you don't need the big bad government to help you. The free market has put bar and smoking together, because people like to smoke when they are drunk. If you don't like it, go to a smoke free bar. If there aren't any, try to make your own or petition for your favorite bar to go smoke free. Using the government and siting bull like "the teenagers are being targetted" or "second hand smoke is killing me"* is just getting others to do your dirty work.

* Note: It is very clear that second and first hand smoke are very very bad for you. I suggest not breathing it in and not patron the establishments who don't respect your non-smoking wishes.

P.S. CycloneHog I will watch the video you posted when I get a chance, time is not on my side lately.

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a forcefully moral compass??

"But at the end of the day it is my choice to ruin my body, just like it is people's choice to be grosly obeise. ..."

'grossly obese'

Yes and no. If you contract to remain a hermit and not be a burden on society, then it's your choice subject to intervention by those who care about you, that's okay with me. Can you post a bond against the possibility that you might need ambulance service etc. due to your grossly negligent treatment of your body? I guess that's called an insurance policy.


"Which brings me to the final point. Consumers and their pocket books make better regulators than the government. i.e. Free market works."

No, unregulated markets develop severe problems. But yes, consumers bear some of the responsibility for "regulation" of markets. "government" is a code word here. Consumers who regulate the market ARE performing governing functions. The Better Business Bureau nominally performs governing functions. Guilds and professional societies, ditto.

The valid question is: When where and how should centralized government participate in market regulation? Or in your terms: What constitutes necessary/unnecessary regulation?

One good reason to regulate tobacco is because it is addictive. You may cavil about where exactly to draw the line.

Another good reason is because tobacco smoke is disgusting and unhealthy as you admit. Government has a proper role under "promote the general welfare".

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Thanks ed for the comment.

"What constitutes necessary/unnecessary regulation?"

I think this is more the point then "market regulation". I may have gone on a rant/tangent and that I apologize for. Staying concise on a soapbox is difficult.

At the most basic level free market works. I agree that not regulating things like private sewage plant or other industries where the populous is in direct (or in the case of CO2 eventually direct) it is the job of the government to protect the individual.

In the case of a vice, it is not the governments job to find out what is acceptable. You run the risk of alcohol, sudafed, and asprin regulation. Sudafed is already being regulated in Milwaukee based on the chance that someone could purify the tenth of a gram of Meth making material from it.

"Consumers who regulate the market ARE performing governing functions."

This statement is counter to the idea of a free market. Consumers are the market. Any outside influence and push by a non-consumer is regulation. Therefore in a free market environment consumers are the only influences. But just because one company has a non-smoking policy and gets more business than a smoke friendly company should all the smokers get together and change the non-smoking establishment to a smoking one. Especially if it is out of convenience. Why is the other way true?

For legislation to push for true middle ground you must be able to take the ruling into the abstract and make sure it doesn't fail.

For instance: Class A of citizens want Class B of citizens to be regulated for Reason 1.

"The Better Business Bureau nominally performs governing functions."

The BBB is more of a lobby of individuals with a common goal. I have no problem using the BBB letterhead to submit the petition to your local bar to create a non-smoking environment. But it doesn't mean that the bar has to comply.

As for "general welfare" argument, then you would also have to be for the increase of exercise on the United States workforce. Where every day you must work out for a half hour or be fined.

"You may cavil about where exactly to draw the line."

"Another good reason is because tobacco smoke is disgusting and unhealthy as you admit."

Someone's life should not be changed because of someone else's opinion on a habit.

Great use of the word! :)

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There are so many problems with your reply...

"This statement is counter to the idea of a free market."

No, it's an implicit premise in the idea that a free market can work well.

"The BBB is more of a lobby of individuals with a common goal."

The goal of governing business behavior.

"As for "general welfare" argument, then you would also have to be for the increase of exercise on the United States workforce. "

No. Try to avoid such fallacies. I find it disgusting and would likey call for a consumer boycott of your posts if you continue.

"I agree that not regulating things like private sewage plant or other industries where the populous is in direct (or in the case of CO2 eventually direct) it is the job of the government to protect the individual."

Huh? Try a major rewrite...

"Someone's life should not be changed because of someone else's opinion on a habit. "

That's kinda twisted. The general consensus should not force you to abandon your vice, but that doesn't mean the vice in general should not be regulated, taxed, or otherwise not encouraged.

Sudafed is regulated because it was ostensibly becoming a genuine problem. Alcohol was once prohibited entirely as a beverage. What are you trying to say about necessity here?

...

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"No, it's an implicit premise in the idea that a free market can work well."

With government regulation it locks in a social mindset or removal of a particular private liberty. Again, if you don't like a particular establishment, don't go there. If you want to call that "regulating" then I would somewhat agree with your statement. But the consumer is an individual and should have no governing powers to a private establishment.

This has to do with private industry only, public places, parks and other "government owned" institutions are free to be regulated by the government. But only if the populous deems fit. In other words, state law, not federal.

As for that jumble of a statement:

I agree that regulating things like private sewage plants or other industries where the populous is in direct or indirect harm is the job of the government. They are there to protect the individual.

"That's kinda twisted. The general consensus should not force you to abandon your vice, but that doesn't mean the vice in general should not be regulated, taxed, or otherwise not encouraged."

Its exactly what it means. The majority of the people do not have the right to force the individual to do anything in their "best interest". No different than making people exercise or not eat fatty meats because 900k people die from heart disease.

"I find it [my opinion] disgusting and would likey call for a consumer boycott of your posts if you continue."

This thought process is exactly what I am describing and is the wrong way of thinking. If you don't like my posts, don't comment on them don't read them. Why would you try and boycott an opinion? You have more time on your hands than I do.

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So you don't want reasoned debate. Got it. BTW


"where the populous is in direct or indirect harm is the job of the government"

It's 'populace' and you've already admitted that tobacco creates direct and indirect harm. If you want to join a private smokers club, run by and served by members, you're still free to do that last I checked.

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"Sudafed is regulated because it was ostensibly becoming a genuine problem. Alcohol was once prohibited entirely as a beverage. What are you trying to say about necessity here?"

That both are ridiculous ideas. Sudafed is a problem for teens either taking a bunch of them to get high. Sounds like a job for parents, not the government.

Prohibiting alcohol entirely as a beverage increased crime and gave rise to a lucrative business for mobsters. Similar to how drugs are giving business to gangs.

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"So you don't want reasoned debate. Got it. BTW"

Huh? How is threatening to boycott me a reasoned debate.

"If you want to join a private smokers club, run by and served by members, you're still free to do that last I checked."

Exactly. Be that a restaurant or gentleman's club. And no, some counties have told private business to become non-smoking environments "for the betterment of people".

"admitted that tobacco creates direct and indirect harm."

I don't have to "admit it" its scientific fact. The key difference is you don't have to walk into the environment. Unlike sewage plants or industries with bad pollution. Why can't people take responsibility for themselves?

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The problem is that you are ignoring my valid points, and going off on rhetorical diversions instead. Maybe someone else would like to humor you in that effort.

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Hmm. I think we are reading different comments.

So far your comments and rhetorical arguments have been answered by comments and rhetorical arguments.

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I am an electrical engineer at the Medical College of Wisconsin. Over the years I have grown in my knowledge, opinions and outspokenness of technology, politics and social issues.

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