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January 31, 2015

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Freedom to make stupid decisions

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Perhaps you remember when Dr. Doom conquered the world.

Or perhaps you don’t. Sadly enough, even in this day and age, not everyone is comic book literate.

Suffice it to say, then, that back in the ’80s, Marvel Comics published a graphic novel in which the villainous Victor von Doom achieved his dearest goal: to rule the world. And he made it a better place, too. Famine ended, the stock market climbed, crime fell, occupying armies withdrew, racial oppression vanished. Doom turned the planet into a paradise and the only cost of his beneficence was free will. He created a device that took away the ability of human beings to decide for themselves.

When the Avengers defeated him, the world returned to rack and ruin as humanity reasserted its right to be as bleeped up as it wanted to be. The Avenger Hawkeye wondered aloud if they had done the right thing. Whereupon Captain America admonished him, “The world isn’t perfect. ... But people are free to make their own choices — and that’s the way it should be.”

He could have been talking to Michael Bloomberg.

The emperor — beg pardon, the mayor — of New York City was defeated Monday, not by the Avengers, but by a state Supreme Court judge, Milton Tingling, who struck down Bloomberg’s ban on the sale of extra large, non-diet soft drinks. Justice Tingling, though not known to possess superpowers, nevertheless zapped the forces of overreach. “Arbitrary and capricious,” he called the restrictions.

But Bloomberg’s ban was more than that. It was the very definition of liberalism run amok, a good idea (people should limit their intake of sugary soft drinks) driven headlong into the weeds of overkill, overregulation and basic preposterousness. The resemblance to conservative extremism and its resort to unwieldy laws to govern behaviors it disapproves (did someone say transvaginal ultrasound?), is doubtless unintended, but no less real even so.

Apparently, if you send two people venturing out, one to the extreme left, and the other to the extreme right, of our political spectrum, they will end up face to face. Because the distinguishing characteristic of extreme liberalism or extreme conservatism is the extremism; itself, the fact that some people just don’t know when to quit.

Obviously, the state is sometimes obliged to impose restrictions. One shouldn’t be allowed to sell Camels to kindergarteners. Or do 90 on a residential street. Or discriminate by race, creed, gender, condition or sexual orientation.

But there is a difference between those restrictions the state imposes to protect the health, welfare and property of those around us from us or defend the vulnerable from exploitation and those the state imposes to regulate behavior that is simply unwise. The latter reflects a lack of faith in the wisdom of people, their ability, when properly informed, to make the right choice.

Yes, obesity is a crisis affecting our health, our economy and even, some have argued, our national security. We are a lard butt nation waddling toward demise. Got it.

Yet, if Americans kicked their cigarette addiction by a public campaign that educated them to the dangers thereof, what reason do we have to believe they would not be able to kick sugary soft drinks by the same means? None.

So Bloomberg is wrong, and Captain America was right. If one is not free to make one’s own bad or stupid decisions, then one is not free. It is an abiding truth of which we seem to need constant reminders.

Perhaps you remember the axiom about eternal vigilance being the price of freedom. If so, you will not be surprised to hear that Dr. Doom, as he escaped, said he was only defeated “for now.” Or that Mayor Bloomberg has vowed to appeal.

Leonard Pitts Jr. is a columnist for the Miami Herald.

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  1. Mayor Bloomberg has more money and time on his hands than he has common sense. I'm always curious to see what he wants and will do that galactically trumps in stupidity what he has already done.


  2. A fact of life that will never change; different strokes for different folks! A travesty that must change, our disgraceful political campaign funding method and the disgraceful news media ownership that poses such flagrant conflict of interest.
    Those chosen to arbitrate our many differences must be able to do so without consulting significant campaign contributors. Those reporting our news with opportunity to influence opinion must not also own myriads of other businesses. I remind us that large public opinion holds past history of forcing significant political changes. Fair media, that conscience of nations, would be reminding us of this today and every day until we gathered sufficient opinion to force campaign funding reform.

  3. "So Bloomberg is wrong, and Captain America was right. If one is not free to make one's own bad or stupid decisions, then one is not free. It is an abiding truth of which we seem to need constant reminders."

    Normally I don't bother with outtatowners, but I see CarmineD posted his 2cents.

    Unfortunately Pitts forgot his public school civics classes. Although Bloomberg epitomized the Nanny State (Nanny City?), his ilk infests government everywhere and at every level. Has everyone forgotten our own County Health Nanny not too long ago shutting down that local farm dinner because its homegrown meats and produce didn't have USDA approval?

    The Bloombergs everywhere need constant reminding from We the people they get to keep their jobs only by Our sufferance. Their oaths of office are promises to support, protect and defend our Constitutions. The preamble of each provides the source code -- government exists to secure our freedoms and liberties. Not being the thieves who take them from us without due process.

    "The struggle for liberty has been a struggle against Government. The essential scheme of our Constitution and Bill of Rights was to take Government off the backs of people." -- Columbia Broadcasting Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94, 162 (1973), Justice Douglas concurring

  4. Mayor Bloomberg deserves accolades for leading the campaign to ban trans fats from food. However, I agree that banning "giant" soft drinks is a different case that should not become the law.

    It is "unwieldy" (per Pitts) and "arbitrary and capricious" (per Judge Tingling). Determining exceptions (e.g., 7 Eleven) is unwieldy. Also, why would it be legal to ban giant drinks when it is legal to refill drinks (time permitting)? Is it a fair ban for a 300 lb. jogger who needs to quench his thirst or for someone who intends to sip the drink for hours?

    The proposed "oversized" drink ban was worth Mayor Bloomberg's and our "while," because it is stimulating public discussion. As the debate continues and time passes, more and more people will cut down on their overall sugar intake. Pitts said it worked for cigarettes.

    The proposed soft drink ban is a can-of-worms case unto itself. However, first and foremost it is a personal health issue in the vein of ingesting trans fats.