Burdens and Subsidies
The very existence of the public school system, furthermore, involves a complex network of coerced levies and subsidies, all of which are difficult to justify on any ethical grounds whatever. In the first place, public schools force those parents who wish to send their children to private schools to shoulder a double burden: they are coerced into subsidizing public school children, and they also have to pay for their own children’s education.
Higher Education
With the exception of the effects of compulsory attendance laws, the same strictures we have levelled against public schools can also be directed against public higher education, with one noteworthy addition. There is increasing evidence that, certainly in the case of public higher education, the coerced subsidy is largely in the direction of forcing poorer citizens to subsidize the education of the wealthier!
Chapter 6: Personal Liberty
Narcotics and Other Drugs
The case for outlawing any product or activity is essentially the same twofold argument we have seen used to justify the compulsory commitment of mental patients: it will harm the person involved, or it will lead that person to commit crimes against others. It is curious that the general — and justified — horror of drugs has led the mass of the public to an irrational enthusiasm for outlawing them.
Police Corruption
In the fall of 1971, the Knapp Commission focused public attention on the problem of widespread police corruption in New York City. Midst the drama of individual cases, there is a danger of overlooking what is clearly the central problem, a problem of which the Knapp Commission itself was perfectly aware. In virtually every case of corruption, the policemen were involved in regularly functioning businesses which, by government fiat, had been declared illegal.
Gun Laws
For most of the activities in this chapter, liberals tend to favor freedom of trade and activity while conservatives yearn for rigorous enforcement and maximum crackdowns against violators of the law. Yet, mysteriously, in the drive for gun laws the positions tend to be reversed. Every time a gun is used in a violent crime, liberals redouble their agitation for the severe restriction, if not prohibition of private ownership of guns, while conservatives oppose such restrictions on behalf of individual freedom.
Freedom of Speech
There are, of course, many problems of personal liberty which cannot be subsumed under the category of “involuntary servitude.” Freedom of speech and press have long been treasured by those who confine themselves to being “civil libertarians” — “civil” meaning that economic freedom and the rights of private property are left out of the equation.
Freedom of Radio and Television
There is one important area of American life where no effective freedom of speech or the press does or can exist under the present system. That is the entire field of radio and television. In this area, the federal government, in the crucially important Radio Act of 1927, nationalized the airwaves. In effect, the federal government took title to ownership of all radio and television channels. It then presumed to grant licenses, at its will or pleasure, for use of the channels to various privately owned stations.
Pornography
To the libertarian, the arguments between conservatives and liberals over laws prohibiting pornography are distressingly beside the point. The conservative position tends to hold that pornography is debasing and immoral and therefore should be outlawed. Liberals tend to counter that sex is good and healthy and that therefore pornography will only have good effects, and that depictions of violence — say on television, in movies, or in comic books — should be outlawed instead. Neither side deals with the crucial point: that the good, bad, or indifferent consequences [p.
Sex Laws
In recent years, liberals have fortunately been coming to the conclusion that “any act between two (or more) consenting adults” should be legal. It is unfortunate that the liberals have not yet widened this criterion from sex to trade and exchange, for if they ever would, they would be close to becoming full-scale libertarians.