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30 May 2010 By
Jacob G. Hornberger The civil rights controversy that has arisen in the
context of Rand Paul’s U.S. Senate bid might seem out
of date given that it involves a provision in the 1964
Civil Rights Act. Actually, however, the central issue
involved in the controversy is as relevant today as it
was then and, in fact, highlights the moral and
philosophical differences that divide libertarians
from statists on both the right and the left. Here is the core principle of libertarianism:
People have the right to do whatever they want in life
— to make whatever choices they want — just as long as
their conduct is peaceful. In other words, as long as someone doesn’t murder,
rape, steal, burglarize, defraud, trespass, or commit
any act of violence against another person, he can
make whatever choices he wants during his life. Notice something important here: When someone is
free to make peaceful choices, that doesn’t mean that
those choices are going to be ones that are popular,
beneficial, constructive, credible, beautiful, or
mainstream. In fact, it’s the exact opposite. When people are
free to make any choices they want, so long as they
are peaceful, inevitably some of those choices are
going to be unpopular, self-destructive, damaging,
dangerous, ludicrous, irresponsible, immoral, ugly,
and extreme. This, in fact, is the distinguishing characteristic
of libertarians, as compared to conservatives and
liberals. As advocates of liberty, we protect the
right of people to make bad choices, so long as such
choices don’t involve the initiation of force or fraud
against others. Does that mean that because libertarians favor
freedom of choice, they necessarily support the
choices that people make? Of course not. To paraphrase
Voltaire, we don’t necessarily agree with your
peaceful choices, but we will fight for your right to
make them, no matter how bad, immoral, or ugly they
might be. Statists, both liberals and conservatives, take an
opposite view. They too want people to be free, but
only if the peaceful choices they make are the “right”
ones. As long as such choices are responsible, moral,
credible, popular, or mainstream, conservatives and
liberals argue that people should be free to make
whatever choices they want in life. That difference in perspective goes to the heart of
the debate in the Rand Paul civil-right controversy.
Libertarians say: private individuals should be
free to make the choices as to the people they wish to
associate with, even if they choose to not associate
with blacks, Hispanics, Jews, Catholics, women, gays,
or anyone else. Statists, on the other hand, say: Private
individuals should be free to make the choices as to
those with whom they wish to associate, but only so
long as such choices do not discriminate against
people on the basis of race, color, creed, sex, etc.
We can point to more modern-day examples to
demonstrate how fundamentally different libertarians
view the concept of liberty as compared to statists.
Consider, for example, the drug war, a vicious and
destructive war that conservatives and liberals have
waged for decades (one whose adverse consequences,
ironically enough, fall disproportionately on blacks).
Libertarians say: People should be free to ingest
any substance they want, no matter how harmful or
destructive. If they initiate force against another
person while under the influence of drugs, they should
be punished for that. Statists say: People should be free to ingest any
substance they want, but only so long as the substance
has been approved by public officials. If people
choose to ingest a substance that hasn’t been
approved, they should be punished for that. Statists often accuse libertarians of favoring drug
use or drug abuse. Their rationale is: If you support
the legalization of drugs, that has to mean that you
favor drug use or drug abuse. Obviously, they miss the point: Libertarians favor
freedom of choice, especially when the choices are
unpopular, irresponsible, et cetera, but that doesn’t
necessarily mean we favor the choice that is made. Another example: pornography. Libertarians say: Adults should be free to choose
to look at depictions of other adults engaging in
consensual sex acts, even if most everyone in society
considers such conduct immoral and sinful. Statists say: No, what an adult looks at should be
subject to community standards or the will of public
officials. Consider adultery. Libertarians say: Legalize it. Does that mean we
favor adultery? Of course not. It simply means that
the choice to engage in this particular activity
should not be the domain of the government. Statists say: Adultery is sinful and immoral, and,
therefore, the state should prosecute and punish
people who are caught engaging in it. Consider financial help to others, including the
poor and the elderly. Libertarians say: Freedom entails the right to do
whatever you want with your own money. If you want to
donate it to the poor or use it to help your ailing
parents, that is certainly your right. But if a person
says, “I hate the poor and I refuse to help them or my
parents” libertarians will fight for the right to make
that choice as well. Not so with statists. They say: It’s immoral to
turn one’s back on his neighbor, and people have a
moral duty to help the poor and to honor their mother
and father. Therefore, statists say, freedom goes only
so far and does not encompass the right to say “no” to
the poor, the elderly, or anyone else who needs the
money. The irony is that a statist society, one in which
people are not free to make bad choices, tends to
produce the very types of people that statists wish to
avoid — selfish, bigoted, irresponsible, etc. Like
mold in dark, musty areas, such traits thrive in an
environment where genuine freedom is denied. It is when people have the widest ambit of freedom
to make choices, especially the wrong choices, that
such things as conscience, responsibility, morality,
and ethics are nurtured and developed. Jacob Hornberger is founder and president of The
Future of Freedom Foundation. |