Oklahoma State University recently announced that it will become a tobacco-free campus as of July 1, 2008, making it the first Big 12 University to carry that distinction.
The policy has become a heated source of debate about the nature and limit of rights. Opponents of the policy have talked about the "rights" of smokers. Advocates of the policy have talked about the dangers of secondhand smoke, pointing out that a person's rights do not allow them to harm the rights of another person.
As an opponent of the policy, I am forced to point out a few issues:
1. The policy deals ONLY with smoking and smokeless tobacco use at least 25 feet from the entrance to a building. In compliance with state law, no smoking is allowed in university buildings or within 25 feet of an entrance or air intake.
2. I have been making the argument that a person is far more likely, in the open air, to inhale toxins and carcinogens far worse than catching a whiff of a passing cloud of secondhand smoke. Now I can prove the claim HERE; compare this with the much-touted 2006 U.S. Surgeon General's report which addresses the dangers of indoor secondhand smoke.
3. The real issue here, as it is with all issues pertaining to public health, the effort to create a zero-risk environment, even when this environment is paternalistically enforced. Nowhere is this paternalism more evident than with OSU banning smokeless tobacco -- a form of tobacco use that does harm only to the user.
Also present in the University's statements is the buzzword "wellness." The public health arguments take in this case a familiar shape:
a) You can't let your actions hurt others (because of secondhand smoke)
b) It's for the children (think of all the children and elderly that come on campus)
c) We want to create a culture of wellness (even if it means forcing you to do so), and the kicker:
d) We know what's best for you
What place is there in such a scheme for differences in value? Everyday people use products made in sweatshops, tested on animals, and harmful to others -- but because of a decades-long PR campaign, smoking suddenly has suddenly become an intolerable behavior.
The protection of the non-smoker's rights is, of course, important. The inconvenience of indoor secondhand smoke may have been forgiveable before the toxicity of the smoke had been established. But the protection of rights cuts both ways. There may be no "right to smoke"; but there is a right to be left alone unless your actions directly and seriously harm another person. As a society, we undertake actions everyday that are more harmful to others than a cigarette could ever be. To a degree, these harms are a risk of a free society. But under the growing public health regime, such harms are impermissible. Every authority is legitimate, to the public health warrior, in order to create a zero-risk society.
Please discuss.
Sunday, September 16, 2007
Wednesday, August 15, 2007
2007 Legislative Wrap-Up
Gov. Henry signs SB 464; Anti-Microchipping bill dies in conference committee
May 31, 2007
The Oklahoma legislative session has come to a close with some very positive results. The highlight was that Governor Brad Henry signed into law SB 464, which bans the implementation of the Real ID Act in Oklahoma (unfortunately, there is no known news link to this story from the media!). According to Oklahoma state records posted online, Governor Henry signed the bill on May 23rd. Visit current events for more information.
Also, SB 47, which would have prevented forcible human microchipping, died in the final days of the session in a conference committee. For the ODFP this was a somewhat mixed blessing, as the bill had picked up an irrelevant amendment pertaining to the seizure of property of criminal suspects. This amendment had somewhat questionable provisions.
ODFP submits comments to DHS
May 8, 2007
The ODFP submitted official comments to the Department of Homeland Security concerning its proposed regulations to implement the Real ID Act. The ODFP stated for the official record its contention that the Act is “repugnant to the Tenth Amendment, the U.S. Constitution, the Bill of Rights, and the Bill of Rights of the Oklahoma Constitution.” Read the full 7-page comment HERE.
Anti-Real ID Legislation Passes the Full House
April 30, 2007
The full House passed an amended version of SB 464 on a unanimous 97-0 vote and sent the bill back to the Senate to approve the amendments. The House version strengthens the requirement to forbid implementation of the Real ID Act (rather than merely allowing the governor to delay implementation, as in the original version). Additionally, the House version calls for the end of the digital finger image system currently in place under state law.
Also of note, SB 47 also passed the full House and has also been re-engrossed in the Senate. This language was strengthened in the House as well, adding a prohibition on forcibly applying any permanent visible mark.
Anti-Real ID Legislation Passes House Committee
April 20, 2007
Last week the House Committee on Public Safety and the Judiciary recommended SB 464, which allows for the Governor to delay the implementation of the Real ID Act, to the full House. The bill will come to a full vote before the end of the legislative session on May 25 (more details to follow).
ODFP Informational Meeting in Norman on March 28th
March 19, 2007
On March 28th at 7:00 PM in room 304 Adams Hall on the campus of the University of Oklahoma, the ODFP, sponsored by the Jeffersonian Society, will introduce its mission and the major issues of National ID cards, eminent domain, and the future of liberty in Oklahoma. OU campus map is available at: http://map.ou.edu/launchMap.html#.
Anti-Real ID Legislation Passes State Senate
March 14, 2007
On the same day that Sen. Randy Brogdan joined as co-sponsor of SB 464, which allows for the Governor to delay the implementation of the Real ID Act, the bill passed with a unanimous 45-0 vote in the full Senate. The bill awaits referral to committee in the House.
Microchip Bill Sent to House; Anti-Real ID Legislation Waiting for Full Senate
March 9, 2007
An amended version of SB 47 passed the full Senate on a 35-13 vote on March 5. The bill is currently in the House Public Health Committee.
Anti-Real ID Legislation Passes Committee
February 14, 2007
SB 464 passed the Senate Committee on Public Safety and Homeland Security without amendment on Tuesday, February 13th.
Sen. Constance Johnson introduced this legislation which would allow the Governor to delay the state’s compliance with the Real ID Act of 2005. The bill makes compliance contingent upon the promulgation of official rules by the Department of Homeland Security guaranteeing the protection of “economic privacy and biological integrity” of license holders.
While the bill stops short of forbidding compliance with the Real ID Act, it is a positive step forward to ensure that there is a minimum of accountability for personal privacy. The bill also allows for open debate over an act of the U.S. Congress which received no such scrutiny at the federal level.
Read State Sen. Johnson’s bill HERE
To get involved in supporting this measure, click HERE
Bill Forbidding Human Microchip Implantation Passes Senate Committee
Feburary 13, 2007
Sen. Brian Crain authored SB 47, mking the forcible implantation of human microchips punishable by a fine of $10,000 per day. Despite opposition on the committee, the Committee recommended that the bill pass as amended. The bill will come to the full Senate soon. Rep. Tibbs of the House is joining as an author.
Despite claims that the bill is a “solution in search of a problem,” SB 47 takes Oklahoma in the same direction as other states which have cast a wary gaze at technologies which might threaten individual liberties. New Hampshire, for example, has already placed a 3-year moratorium on the use of Radio Frequency Identification (RFID) technology.
Read the most current version of State Sen. Crain’s bill HERE
State Sen. Brogdan Authors “The Religious Freedom and Privacy Act of 2007”
Sen. Randy Brogdan has introduced legislation which would forbid the collection and dissemination of biometric data except in cases in which citizens are convicted of crimes. In effect, this bill would overturn Oklahoma’s current finger image system and would prevent future biometric “dragnet” systems.
This bill will be coming to committee soon in the Senate Committee on Public Safety and Homeland Security. It is another opportunity for those whose Senators are part of this committee to get involved.
Read State Sen. Brogdan’s bill HERE
To get involved in supporting this ameasure, click HERE
May 31, 2007
The Oklahoma legislative session has come to a close with some very positive results. The highlight was that Governor Brad Henry signed into law SB 464, which bans the implementation of the Real ID Act in Oklahoma (unfortunately, there is no known news link to this story from the media!). According to Oklahoma state records posted online, Governor Henry signed the bill on May 23rd. Visit current events for more information.
Also, SB 47, which would have prevented forcible human microchipping, died in the final days of the session in a conference committee. For the ODFP this was a somewhat mixed blessing, as the bill had picked up an irrelevant amendment pertaining to the seizure of property of criminal suspects. This amendment had somewhat questionable provisions.
ODFP submits comments to DHS
May 8, 2007
The ODFP submitted official comments to the Department of Homeland Security concerning its proposed regulations to implement the Real ID Act. The ODFP stated for the official record its contention that the Act is “repugnant to the Tenth Amendment, the U.S. Constitution, the Bill of Rights, and the Bill of Rights of the Oklahoma Constitution.” Read the full 7-page comment HERE.
Anti-Real ID Legislation Passes the Full House
April 30, 2007
The full House passed an amended version of SB 464 on a unanimous 97-0 vote and sent the bill back to the Senate to approve the amendments. The House version strengthens the requirement to forbid implementation of the Real ID Act (rather than merely allowing the governor to delay implementation, as in the original version). Additionally, the House version calls for the end of the digital finger image system currently in place under state law.
Also of note, SB 47 also passed the full House and has also been re-engrossed in the Senate. This language was strengthened in the House as well, adding a prohibition on forcibly applying any permanent visible mark.
Anti-Real ID Legislation Passes House Committee
April 20, 2007
Last week the House Committee on Public Safety and the Judiciary recommended SB 464, which allows for the Governor to delay the implementation of the Real ID Act, to the full House. The bill will come to a full vote before the end of the legislative session on May 25 (more details to follow).
ODFP Informational Meeting in Norman on March 28th
March 19, 2007
On March 28th at 7:00 PM in room 304 Adams Hall on the campus of the University of Oklahoma, the ODFP, sponsored by the Jeffersonian Society, will introduce its mission and the major issues of National ID cards, eminent domain, and the future of liberty in Oklahoma. OU campus map is available at: http://map.ou.edu/launchMap.html#.
Anti-Real ID Legislation Passes State Senate
March 14, 2007
On the same day that Sen. Randy Brogdan joined as co-sponsor of SB 464, which allows for the Governor to delay the implementation of the Real ID Act, the bill passed with a unanimous 45-0 vote in the full Senate. The bill awaits referral to committee in the House.
Microchip Bill Sent to House; Anti-Real ID Legislation Waiting for Full Senate
March 9, 2007
An amended version of SB 47 passed the full Senate on a 35-13 vote on March 5. The bill is currently in the House Public Health Committee.
Anti-Real ID Legislation Passes Committee
February 14, 2007
SB 464 passed the Senate Committee on Public Safety and Homeland Security without amendment on Tuesday, February 13th.
Sen. Constance Johnson introduced this legislation which would allow the Governor to delay the state’s compliance with the Real ID Act of 2005. The bill makes compliance contingent upon the promulgation of official rules by the Department of Homeland Security guaranteeing the protection of “economic privacy and biological integrity” of license holders.
While the bill stops short of forbidding compliance with the Real ID Act, it is a positive step forward to ensure that there is a minimum of accountability for personal privacy. The bill also allows for open debate over an act of the U.S. Congress which received no such scrutiny at the federal level.
Read State Sen. Johnson’s bill HERE
To get involved in supporting this measure, click HERE
Bill Forbidding Human Microchip Implantation Passes Senate Committee
Feburary 13, 2007
Sen. Brian Crain authored SB 47, mking the forcible implantation of human microchips punishable by a fine of $10,000 per day. Despite opposition on the committee, the Committee recommended that the bill pass as amended. The bill will come to the full Senate soon. Rep. Tibbs of the House is joining as an author.
Despite claims that the bill is a “solution in search of a problem,” SB 47 takes Oklahoma in the same direction as other states which have cast a wary gaze at technologies which might threaten individual liberties. New Hampshire, for example, has already placed a 3-year moratorium on the use of Radio Frequency Identification (RFID) technology.
Read the most current version of State Sen. Crain’s bill HERE
State Sen. Brogdan Authors “The Religious Freedom and Privacy Act of 2007”
Sen. Randy Brogdan has introduced legislation which would forbid the collection and dissemination of biometric data except in cases in which citizens are convicted of crimes. In effect, this bill would overturn Oklahoma’s current finger image system and would prevent future biometric “dragnet” systems.
This bill will be coming to committee soon in the Senate Committee on Public Safety and Homeland Security. It is another opportunity for those whose Senators are part of this committee to get involved.
Read State Sen. Brogdan’s bill HERE
To get involved in supporting this ameasure, click HERE
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