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Personal Freedoms and Second Hand SmokeFollow

#52 Sep 12 2006 at 11:21 AM Rating: Decent
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Jophiel wrote:
DSD wrote:
My point isnt how hard it is either, but the rights of one person being stomped upon by anothers, and by a group who can not legally (yet) get up on their own and refute this.
If the "right" to be in a smokeless environment extends to private property then the thing to do is make smoking illegal. Whether or not the other party is a child shouldn't matter. It doesn't matter in public places. However, for as long as smoking remains legal, I can't agree with the government deciding when I can and can not do in my own property.

Quote:
Are you allowed to speed on the road since you are in your car? No because it is a danger to others using a public area.
For a variety of reasons, the two are not at all comparable.


No, they're not. Smoking in the closed car while a child is present can be more closely analogized with child abuse or child endangerment. By smoking in an enclosed space with a child present, you're deliberately doing something that has both long-term and short-term negative health implications on the child.

Let's say you're not feeding your child at home. He gets at least one decent meal each day at school lunch, so he's not going to die (at least not yet), but he's going to be sick. Do you have the right to jeopardize the child's health just because you're choice not to feed him occurs on your "private property?" Of course not.

Your rights on your private property END when the exercise of those rights inflicts harm upon another person, especially a child as children are generally granted stronger protections under the law. You don't have the "right" to beat your kid, or anyone else for that matter up to and including your dog, just because you do so on your "private property."

Now, I'm certainly all for a total ban on smoking, but in the meantime, this law no more jeapardizes our individual freedoms than the child safety-seat requirement. I mean, honestly, if you're gonna get uptight about the incremental infringement on personal liberty, over the course of the last five years, we've been given a lot more serious cause to worry than this law.

#53 Sep 12 2006 at 11:24 AM Rating: Decent
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3,128 posts
smoking joph wrote:
However, for as long as smoking remains legal, I can't agree with the government deciding when I can and can not do in my own property
Why do you hate small children's lungs?

Edited, Sep 12th 2006 at 12:25pm EDT by fhrugby
#54 Sep 12 2006 at 11:25 AM Rating: Good
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Quote:
Your rights on your private property END when the exercise of those rights inflicts harm upon another person, especially a child as children are generally granted stronger protections under the law. You don't have the "right" to beat your kid, or anyone else for that matter up to and including your dog, just because you do so on your "private property."

Now, I'm certainly all for a total ban on smoking, but in the meantime, this law no more jeapardizes our individual freedoms than the child safety-seat requirement. I mean, honestly, if you're gonna get uptight about the incremental infringement on personal liberty, over the course of the last five years, we've been given a lot more serious cause to worry than this law.


Aaaand....scene.
#55 Sep 12 2006 at 11:26 AM Rating: Excellent
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Starving and beating your child again don't have anything to do with this. It's illegal for me to starve or assault anyone. If second hand smoke counts as assault, then make cigarettes illegal. Period. Make smoking near someone a felony. Someone's status as a minor shouldn't have anything at all to do with it.
Quote:
I mean, honestly, if you're gonna get uptight about the incremental infringement on personal liberty, over the course of the last five years, we've been given a lot more serious cause to worry than this law.
Why would worrying about the two be mutually exclusive? I have room for plenty of worries in my head.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#56 Sep 12 2006 at 11:26 AM Rating: Decent
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10,755 posts
The Glorious Atomicflea wrote:
Quote:
Your rights on your private property END when the exercise of those rights inflicts harm upon another person, especially a child as children are generally granted stronger protections under the law. You don't have the "right" to beat your kid, or anyone else for that matter up to and including your dog, just because you do so on your "private property."

Now, I'm certainly all for a total ban on smoking, but in the meantime, this law no more jeapardizes our individual freedoms than the child safety-seat requirement. I mean, honestly, if you're gonna get uptight about the incremental infringement on personal liberty, over the course of the last five years, we've been given a lot more serious cause to worry than this law.


Aaaand....fallacies.



Agreed.
#57 Sep 12 2006 at 11:28 AM Rating: Good
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Jophiel wrote:
Someone's status as a minor shouldn't have anything at all to do with it.
If by anything you mean everything, then you are correct. There are all sorts of things that are illegal when applied to minors that don't affect mature folk.
#58 Sep 12 2006 at 11:30 AM Rating: Decent
Jophiel wrote:
If second hand smoke counts as assault, then make cigarettes illegal. Period. Make smoking near someone a felony.
This sounds like a winner. Writing my representatives now.
#59 Sep 12 2006 at 11:31 AM Rating: Decent
Jophiel wrote:
It's illegal for me to starve or assault anyone. If second hand smoke counts as assault, then make cigarettes illegal. Period. Make smoking near someone a felony. Someone's status as a minor shouldn't have anything at all to do with it.
We should also either make sex illegal or make sex with children legal.
#60 Sep 12 2006 at 11:31 AM Rating: Decent
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Professor CrescentFresh wrote:
Jophiel wrote:
If second hand smoke counts as assault, then make cigarettes illegal. Period. Make smoking near someone a felony.
This sounds like a winner. Writing my representatives now.


*****.
#61 Sep 12 2006 at 11:31 AM Rating: Decent
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10,755 posts
P'ussy

Edited, Sep 12th 2006 at 12:38pm EDT by NephthysWanderer
#62 Sep 12 2006 at 11:32 AM Rating: Excellent
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The Glorious Atomicflea wrote:
Jophiel wrote:
Someone's status as a minor shouldn't have anything at all to do with it.
If by anything you mean everything, then you are correct. There are all sorts of things that are illegal when applied to minors that don't affect mature folk.
Then it'd make a lot more sense to compare smoking to those things instead of comparing it to assault and battery.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#63 Sep 12 2006 at 11:33 AM Rating: Decent
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Jophiel wrote:
The Glorious Atomicflea wrote:
Jophiel wrote:
Someone's status as a minor shouldn't have anything at all to do with it.
If by anything you mean everything, then you are correct. There are all sorts of things that are illegal when applied to minors that don't affect mature folk.
Then it'd make a lot more sense to compare smoking to those things instead of comparing it to assault and battery.
Not to you, it wouldn't, unless they were out in public.
#64 Sep 12 2006 at 11:34 AM Rating: Excellent
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Professor CrescentFresh wrote:
We should also either make sex illegal or make sex with children legal.
I wasn't aware that sex with children was legal in my home but illegal in my car.

If I was one to have sex with children, I'd thank you. I guess.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#65 Sep 12 2006 at 11:36 AM Rating: Decent
Jophiel wrote:
I wasn't aware that sex with children was legal in my home but illegal in my car.
I can get onboard with making smoking illegal in your home.
#66 Sep 12 2006 at 11:38 AM Rating: Decent
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Jophiel wrote:
Professor CrescentFresh wrote:
We should also either make sex illegal or make sex with children legal.
I wasn't aware that sex with children was legal in my home but illegal in my car.

If I was one to have sex with children, I'd thank you. I guess.


Not to mention legal in public places, some hotels, etc etc.

You (not Joph) can't apply logical assumptions when you want and then avoid them when it counters your argument.

If you are going to fall into the logical fallacy of a comparative situation, you must apply all characteristics of that situation, not just the ones that makes you look correct.

Edited, Sep 12th 2006 at 12:39pm EDT by NephthysWanderer
#67 Sep 12 2006 at 11:45 AM Rating: Decent
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3,829 posts
Jophiel wrote:
Starving and beating your child again don't have anything to do with this.


No? You don't think a second-grader with a racking cough and debilitating asthma is just as sickly as a child who is being underfed? In both cases, it's neglect, if not endangerment.

Quote:
It's illegal for me to starve or assault anyone.


You can't starve another adult because they can go out and get their own food (unless they're an invalid, and then they are afforded special protections.) In many cases, you can only be charged with assaulting another adult if THEY choose to press charges.

Dependents have an additional level of protection because they can't protect themselves.


Quote:
If second hand smoke counts as assault, then make cigarettes illegal. Period.


Great idea. Now if only the tobacco industry didn't spend millions of dollars lobbying, we might have a shot at this. In the meantime, we have to take the little victories.

Quote:

Someone's status as a minor shouldn't have anything at all to do with it.


Of course it does. Minors are afforded extra protection under the law because they can't protect themselves. This is why we have safety-seat requirements for very young children, and why you as an ADULT are found responsible if the child is not properly restrained. Because as the adult, it's your responsibility to see to the safety of the child, and if you neglect to do so, you can be held liable.

In the case of smoking, an adult can choose not to get into the car with you. A child can't. Therefore, a law advocating for a child who has no choice in the matter is perfectly appropriate and completely in keeping with our established method of affording additional protections to children and dependents.

Quote:
Quote:
I mean, honestly, if you're gonna get uptight about the incremental infringement on personal liberty, over the course of the last five years, we've been given a lot more serious cause to worry than this law.
Why would worrying about the two be mutually exclusive? I have room for plenty of worries in my head.


I prefer to spend my energies where they're actually needed. But hey, to each her own.



Edited, Sep 12th 2006 at 12:48pm EDT by Ambrya
#68 Sep 12 2006 at 11:46 AM Rating: Excellent
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Professor CrescentFresh wrote:
Jophiel wrote:
I wasn't aware that sex with children was legal in my home but illegal in my car.
I can get onboard with making smoking illegal in your home.
Groovy. I said that the legislature should just make smoking illegal and fight it out in court rather than nibble away at my property rights under the guise of protecting the kiddies by selectively determining when I'm allowed to do something legal in my own private property.

If it's illegal, then it's illegal. From a property standpoint, I don't have a problem with that.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#69 Sep 12 2006 at 11:52 AM Rating: Decent
Ambrya wrote:
But hey, to each her own.
The lesson I took from this is "argue with Ambrya and she'll call you a girl."
#70 Sep 12 2006 at 11:52 AM Rating: Good
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Quote:
If you are going to fall into the logical fallacy of a comparative situation, you must apply all characteristics of that situation, not just the ones that makes you look correct.


Is it wrong that I got aroused when I read this?
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Some people are like slinkies, they aren't really good for anything, but they still bring a smile to your face when you push them down the stairs.
#71 Sep 12 2006 at 11:53 AM Rating: Excellent
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Ambrya wrote:
No? You don't think a second-grader with a racking cough and debilitating asthma is just as sickly as a child who is being underfed? In both cases, it's neglect, if not endangerment.
If the welfare of the child is in danger, we already have laws and agencies to step in with that.
Quote:
This is why we have safety-seat requirements for very young children, and why you as an ADULT are found responsible if the child is not properly restrained.
This, yet again, is not comparable to defining when I may take a legal action.
Quote:
Therefore, a law advocating for a child who has no choice in the matter is perfectly appropriate and completely in keeping with our established method of affording additional protections to children and dependents.
If you're content with the encroachment upon your property rights because you feel the ends justify the means, that's your choice. In this particular case, I see the ends as being negligible and the means as setting an uncomfortable precedent.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#72 Sep 12 2006 at 11:54 AM Rating: Decent
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3,829 posts
Professor CrescentFresh wrote:
Ambrya wrote:
But hey, to each her own.
The lesson I took from this is "argue with Ambrya and she'll call you a girl."


[:LOLifIstillhadpremium:]

Just thought I'd mix things up a bit. It's been a slow day
#73 Sep 12 2006 at 11:55 AM Rating: Decent
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10,755 posts
Kakar the Vile wrote:
Quote:
If you are going to fall into the logical fallacy of a comparative situation, you must apply all characteristics of that situation, not just the ones that makes you look correct.


Is it wrong that I got aroused when I read this?


Depends. Were you in a car with a child?
#74 Sep 12 2006 at 11:59 AM Rating: Good
Grats Ambrya on one-thousand posts, most of which make me hate you.
#75 Sep 12 2006 at 12:05 PM Rating: Decent
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3,829 posts
Jophiel wrote:
If the welfare of the child is in danger, we already have laws and agencies to step in with that.


But they haven't been doing so, have they? It's been common knowledge for what, three decades, that smoking in the presence of kids harms them, that children in the homes of smokers have more respiratory disorders and are less healthy, and yet CPS HASN'T been stepping in to take children out of homes even when there's obviously a problem.

And why? Because yahoos keep crying about their right to do what they want on their private property, regardless of the fact that they are HARMING their kids.

So which way do you want it to be? Should CPS step in and yank the kids of smokers out of the home? Or should we take whatever small steps we can to limit the exposure kids have to smoke in confined places where it will be the most concentrated?

Quote:
If you're content with the encroachment upon your property rights because you feel the ends justify the means, that's your choice. In this particular case, I see the ends as being negligible and the means as setting an uncomfortable precedent.


Actually, it has zero impact on MY property rights because I've never smoked and my husband gave it up three years ago because he got tired of freezing in the garage. So I can just smirk as the rest of the poor fools wail and gnash their teeth and rant about the coming apocalypse.

#76 Sep 12 2006 at 12:07 PM Rating: Decent
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Grandfather Barkingturtle wrote:
Grats Ambrya on one-thousand posts, most of which make me hate you.


Thanks BT. It was a long road. I couldn't have gotten there without the little people...

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