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Should You Be Allowed to Know What's in Your DNA?
“You can’t handle the truth!”
That’s the federal government’s latest message to Americans seeking to learn the content of their own DNA.
Recent advances in biotechnology have allowed private companies to offer affordable genetic testing directly to consumers, to help them determine their risks of developing problems such as diabetes, heart disease, and various forms of cancer. In response, the U.S. government has told these companies that their tests must be approved by FDA regulators before they can be sold because, in the government’s words, “consumers may make medical decisions in reliance on this information.”
These restrictions thus represent a new level of government paternalism over the citizenry. In the name of “protecting” us, the government seeks to prevent willing consumers from learning medically useful information about their own bodies that could tell them which diseases they may develop — and help them make important treatment, prevention, and lifestyle decisions.
Ten years ago, Dr. Francis Collins and Dr. Craig Venter announced the first successful (independent) sequencings of the human genome. Since then, the cost of genetic sequencing has fallen dramatically in a biotechnology equivalent of Moore’s Law. Mapping the first human genome took years and cost $3 billion. Now it takes only 8 days and $10,000. Industry analysts predict that in three years, it will take only 15 minutes and a mere $1000 — comparable to many routine medical tests.
As prices have fallen, several companies had started offering direct-to-consumer genetic tests which would give customers partial information about their DNA.
In May 2010, San Diego-based Pathway Genomics struck a deal with Walgreens to sell test kits at 6,000 stores nationwide. Customers would spit into a small vial, then mail the sample back to the company for analysis. For $79, customers could learn how their bodies were “likely to respond to 10 substances, including caffeine, cholesterol-lowering drugs called statins, the blood thinner warfarin and the breast cancer drug tamoxifen.” For $249, customers could be tested for their risk for 23 conditions “including heart attack, high blood pressure, leukemia, lung cancer and multiple sclerosis.”
The FDA immediately warned Pathway to either show that it had FDA approval or “prove why it should be sold without the agency’s blessing.” Walgreens then suspended its plans. In June 2010, the FDA sent letters to five other personal genomics companies warning that their direct-to-consumer tests would also require FDA approval as “medical devices.” The FDA’s logic was because customers might base medical decisions on their test results, Americans’ access to these tests must be restricted until the government gave its approval — for our own good.
Esther Dyson, a director of one of the affected companies (23andMe.com), has described such government restrictions as “appallingly paternalistic.” Customers wish to learn their personal genetic information precisely because it may help them make important medical and lifestyle decisions.
For instance, scientist Seong-Jin Kim learned from his genetic test that he had a “tenfold increased risk of macular degeneration, the leading cause of blindness in people over age 60.” As a result, he is taking “high doses of antioxidants, which have been shown to slow progression of the disease, has regular eye exams, and avoids activities that tend to overexert the eyes.”
Genetic testing can reveal important information about how quickly an individual’s body metabolizes certain drugs, such as the widely used blood thinner Coumadin. Such genetic information could help doctors tailor a dosage individualized for each patient, potentially reducing the chances of undertreatment (with continued risk of developing blood clots) or overtreatment (with risk of internal bleeding). Similarly, the FDA has already issued a recommendation that patients of Asian descent be tested for a specific genetic variation before they take the anti-seizure medicine carbamazepine, because that genetic mutation could greatly increase their risk of certain serious side effects.
Of course, like any technology still in its infancy, consumer genetic testing is imperfect. Craig Venter and colleagues performed an interesting experiment where they sent duplicate saliva samples from five different individuals to two separate testing services to see how the results compared. They found that the companies reported essentially identical results with respect to the subjects’ raw genetic data, but did show some variations in how they interpreted their medical significance. Venter and colleagues then made several recommendations on how to improve the quality and consistency of such commercial tests — recommendations which notably did not call for increased government regulations.
Fledgling technologies like genetic testing require a free market to thrive and mature — a market free from onerous regulations. As we’ve repeatedly seen with products such as home computers, DVD machines, and MP3 players, new consumer technologies follow a typical market trajectory. The initial products are expensive and often flawed, appealing only to “early adopters.” But these early adopters help establish a viable market for the product, creating incentives for existing manufacturers to lower costs and improve their quality, and for new manufacturers to enter the market. This attracts new “middle adopter” customers, which in turn spurs further innovation, attracting yet more customers in a virtuous cycle.
The early adopters who purchased the first Apple iPods in 2001 spent $400 for a device with only 5 GB memory. But because of the market created by the early adopters, in 2004 middle adopters could buy a $400 iPod with 40 GB memory. Today in 2010, customers can buy an iPod Classic for only $250 containing a whopping 160 GB memory.
But what if government regulators had prevented early adopters from purchasing the initial crude iPods? They would have strangled the infant iPod market in its cradle, to the detriment of millions of future iPod customers. Yet that is precisely what the government is threatening to do with the infant consumer genetic testing industry.
Thwarting the early adopters for consumer genetic testing could also thwart important future medical innovations. In September 2008, Google co-founder Sergey Brin stunned the technology world when he announced that genetic testing had revealed a mutation which increased his chance of developing Parkinson’s disease. As a matter of rational self-interest, he has chosen to donate $50 million of his fortune to Parkinson’s disease research which may someday bring enormous benefits for himself — and for millions of Parkinson’s disease patients around the world.
Admittedly, Brin is an unusual early adopter. According to Wired, he is “likely the first who, based on a genetic test, began funding scientific research in the hope of escaping a disease in the first place.” But he may not be the last.
If government regulators had prevented Brin from gaining access to this information, who knows what future medical advances might never be discovered?
Opponents of direct-to-consumer genetic testing typically raise three standard objections, including: (1) the test results may be inaccurate; (2) even if the results are accurate, customers will not know what to do with the information; and (3) customers may learn about genetic defects that could make health insurance prohibitively expensive or impossible to purchase. However, a truly free market in health services and health insurance would address all of these concerns.
Customers concerned about the reliability and accuracy of their test results are best served by a free market that subjects products to the pitiless scrutiny of consumers seeking the best value for their money. Of course, if an unscrupulous company makes fraudulent claims about its services, it should be punished to the fullest extent of the law. Protecting consumers against fraud is one of the proper functions of government. But if personal genomics companies otherwise truthfully describe the capabilities and limitations of their tests, then the early adopters should be left free to exercise their best judgment as to whether they wish to purchase those services.
Over time, competition between genetic companies making truthful claims about their products will spur innovation as they seek to address customers’ needs for accurate results. Furthermore, independent reviewers would also spring up to assess the quality of these services, much along the lines of the above-mentioned Venter experiment — just as there are already countless independent reviewers to help customers purchase computers, cars, or camping gear.
With respect to potentially confusing test results, in a free market genetic counseling services would quickly spring up to help customers understand and interpret their significance. These genetic advisors may vary in quality, just as financial advisors currently vary in quality — some may be excellent, whereas others may be mediocre. But a free market would allow customers to find advisors that best suited their needs and preferences. Because genetic science is evolving so rapidly, it is each individual’s responsibility to perform his due diligence and consult with his personal physician before making major medical decisions based on a genetic test result.
Finally, concerns about so-called “genetic discrimination” would also be addressed by a fully free market in health insurance services. George Mason University professor Alex Tabarrok has proposed allowing people to purchase “genetic insurance,” where they pay insurers a premium prior to getting tested in exchange for promise of payments to cover higher health and/or life insurance costs if they subsequently learn that they have an unfavorable genetic profile.
University of Chicago professor John Cochrane has proposed a variant known as “health status insurance,” where customers could pay their insurers an additional small fee now to lock in their ability to purchase insurance in the future, even if future test results or other changes in their health status might otherwise render them uninsurable.
(Those who are interested in further discussion of such issues might also enjoy the paper by Manson and Conko of the Competitive Enterprise Institute, “Genetic Testing and Insurance: Why the Fear of ‘Genetic Discrimination’ Does Not Justify Regulation.“)
Although these concerns raised by the opponents of direct-to-consumer genetic testing are legitimate, they would be addressed in a free market, precisely because service providers (e.g., testing companies, genetic counselors, and insurance companies) would have a powerful economic incentive to meet the demands created by customers seeking to better their lives and their health.
In summary, the central issue is whether you should be free to acquire knowledge about yourself that will help you act according to your best judgment for your benefit — in particular, by helping you treat, mitigate, or prevent bad diseases.
The federal government wants to deny you that freedom, essentially saying, “You can’t handle the truth. Instead, we’ll decide what’s best for you.”
Any self-respecting adult who wishes to exercise his responsibility (and his right) to manage his own life as he sees fit should be offended by this paternalistic attitude. Our lives are our own. Americans already know this. Let’s demand that our government recognize it as well.
This post originally appeared at Pajamas Media.
Paul Hsieh, MD, practices in the south Denver metro area. He is co-founder of Freedom and Individual Rights in Medicine (MD) and a guest contributor to The Undercurrent.
Campus Media Response: The Freedom to Produce: Both Moral and Practical
In an article appearing in UC Berkeley’s Daily Californian, Andrew Glidden describes the scope of the absurdity of our nation’s current environmental regulatory system, from its recent prohibition of Kevin Costner’s oil salvaging machines, to the pending regulation of all carbon dioxide as a pollutant under the Clean Air Act. After suggesting that the cost of carbon regulation will be economically crippling, he goes on to make a deeper moral point against the attitude of today’s environmentalist regulators:
But this is really not about BP, carbon dioxide, or any other environmental issue. It is about a political culture that not only authorizes, but encourages, ambitious "do-good" bureaucrats to take control of the lives of everyone else. In the name of "the environment" or the ever-vacuous "public welfare," they propose to dictate to citizens what we can and cannot produce, what we can and cannot consume, what we can and cannot do.
It's time to take a look at more than just the particulars of a policy. We should be thinking about the moral principles that formed the foundation of our society. They include, first and foremost, freedom: the freedom to live as we choose, to work as we choose, to think as we choose. And that requires a repudiation of any policy or person that presumes to manage our lives in any manner whatsoever.
We agree with Glidden 100%. But we’ll go further. The individual’s moral right to be free to live and think and produce—freedom that is hindered by environmental regulations—is also essential to solving what genuine environmental problems (those that threaten human welfare) there may actually be. As Ryan Puzycki wrote on TU’s blog back in 2008:
If global warming really is a problem, throwing our modern civilization and rights on a sacrificial pyre to Al Gore won’t solve it. Instead of drastically transforming the fundamental nature of our civilization, we should investigate the facts underlying the problems Gore claims fossil fuels cause and then leave individuals free—financially and politically—to solve them as required. Coercive taxation only has the power to destroy, and no matter how much Gore stands to gain in the short-term, his plan will certainly leave a path of destruction where a vibrant, fossil-fueled economy once flourished.
Read Ryan’s whole article. We need not only the freedom of thought and action to make possible the innovation needed to solve environmental problems, but also the freedom of production to maintain the prosperity that makes such solutions possible. Freedom is not merely a moral dogma that hangs from the clouds. It is a profoundly practical value that we need to live on Earth.
Image from Flickr User MikeWebkist.
Campus Media Response: Without Oil, Kiss your iPhone Good-bye

Writing in the Texas Tech Daily Toreador Chris Leal asks us to ponder a puzzle:
It seems as if we truly live our lives out of a work of science fiction. Yet, despite the vast wealth of knowledge we have gained in the last century, we still continue to fuel our lifestyles and our automobiles by burning the decomposed remains of dinosaurs and organisms that lived hundreds of millions of years ago. Think about that….
Imagine if you had to put gasoline in your laptop, or that your iPhone was coal powered; what a funny piece of technology that would be. Yet, we live in a world where news about oil spills and coal mine accidents are still all-too-common…
Yes, think about that. We use decomposed dinosaurs to fuel our industrial civilization—a feat possible only because our engineers have learned methods of extracting a substance from miles beneath the surface of the earth, a process fraught with hazards which have been dealt with so effectively that harmful accidents have been relegated to rare exceptions. And fossil fuel extraction is not just a feat of advanced technology in its own right, but one that does fuel that laptop or iPhone—if you are one of the nearly 70% of Americans whose electricity comes from fossil fuels. Alex Epstein of the Ayn Rand Institute notes additional ways in which petroleum and its products contribute to state-of-the-art technology and our standard of living:
One underappreciated form is petroleum-based products. We live in a world where chemists are able to employ oil to suit any conceivable purpose, from making shatterproof glasses to ultra-durable synthetic rubber tires to medical implants to bacteria-resistant refrigerators to HDTVs to iPhones. Look in your home and you can find 100 things made of oil in no time.
And if you look at the "Made In" labels on everything you use — from your Asian electronics to your pineapple from Hawaii to your oranges from California to your beef from Omaha to your furniture from Sweden — you will begin to appreciate the system of global trade that could not exist without oil-powered transportation — the 800 million-plus planes, automobiles, trucks, ships and tankers that move men, machines and material quickly and cheaply.
Nearly every item in your life would either not exist or be far more expensive without oil; there is simply no comparable source of practical, portable energy.
Read the rest of Epstein’s article in Investor’s Business Daily, and a more recent blog post elaborating on the same theme.
Image from Wikimedia Commons.
Campus Media Response: Keith Yost of the MIT Tech Outclasses his Peers on Muhammed Cartoon Controversy
Congratulations to Keith Yost, a columnist at The Tech of MIT, who recently put the editors of the paper to shame, by saying “I am Spartacus!” and publishing a statement of support for the free speech rights of Trey Parker and Matt Stone of South Park, and for the series of other cartoonists and writers who have been threatened with violence by Islamic totalitarians. Though there are a few muddled points in the article, Yost’s message shines through clear as day when he writes the following:
Muhammad in a bear costume (as South Park pseudo-portrayed him) may sound silly, but with this censorship what we are looking at is our core democratic principles under attack. Our citizens have the right to satirize Muhammad without fear of retribution, just as they have the right to declare themselves gay or to let their religious beliefs be known. A violent minority has, through the threat of violence, caused us to surrender this right. It is one thing for someone to decide, of their own volition, whether or not to say something. It is an entirely a different matter when someone wants to say something, but fears they will be harmed as a consequence.
…
I wanted this article, or something like it, to run as an editorial, a declaration that not just I, but this entire organization stood behind free speech rights everywhere. I thought it was our duty — aren’t we, as a newspaper, both the first and last line of defense against the Mohammed Bouyeri’s of the world? I also wanted to run an illustration, a respectful depiction of Muhammad. I felt there was no better image to drive home to point that free speech should triumph against political correctness and coercion. I wanted us to stand up and say, “I am Spartacus”— not to give a hollow statement of support or merely write an article bemoaning the state of affairs, but to actually share the risks that are born by those who exercise their right to unpopular free speech. Unfortunately, The Tech is unwilling to take this stand.
However, if any other media organizations are reading, I urge you to publish your own depictions of Muhammad as a declaration of the supremacy of free speech. We cannot, we must not, we will not allow our citizens to be browbeaten into submission. This is one point on which they, not us, must yield.
Hats off to you, Keith Yost. We stand with you.
Image from Wikimedia Commons.
The Spiritual Value of Work
What’s more important – your work or your relationships? That’s the question posed by David Brooks in his op-ed in the New York Times. He references the case of Sandra Bullock, whose career success has recently been overshadowed by her husband’s infidelity. There are other common examples of the work-versus-relationship struggle –the businessman who goes on trips and misses his children’s events, a man who leaves behind his first love for a job opportunity, the tireless inventor who spends more time in the lab than with his wife.
Brooks argues that relationships are what are really important. “[E]conomic and professional success exists on the surface of life, and...emerge[s] out of interpersonal relationships, which are much deeper and more important,” he says. Brooks cites various studies, which claim that a marriage is the “psychic gain equivalent of a $100,000” and that “meeting with a group at least once a month produces the same happiness gain as doubling your income.”
In other words, the idea is that work is a shallow, materialistic necessity surpassed in importance by the spiritual, personal value of a relationship. Indeed, it is easy to see why a relationship is a spiritual value worth its weight in money. Personal relationships bring immense benefit to one’s life in many ways. The connection between two people can serve as a source of strength in difficult times, and a means to celebrate and enjoy success. A relationship can inspire one to be a better person by observing the good in a friend or lover and wanting to emulate it, or can help one grow through the guidance of a mentor.
But is work as empty by comparison as Brooks would lead us to believe? Is what a man does from the hours of 9 to 5 so surface-level that it should take a back seat to the depths of meaning found in one’s relationships?
Not necessarily. Consider the following perspective:
“The object of living is work, experience, and happiness. There is joy in work. All that money can do is buy us someone else's work in exchange for our own. There is no happiness except in the realization that we have accomplished something.”
That was said by Henry Ford, who was no stranger to long hours. As Ford indicates, what one accomplishes through his work does provide a spiritual value: the pride that comes from knowing that you are working towards your own happiness, and the satisfaction that this knowledge brings you. This is why a person feels elated after accomplishing a difficult task: because all values, spiritual and material, have to be created before they can be enjoyed. Inherent in the process of creation is work – the effort it takes to make values real – and just as the end result is rewarding, so is the process. And since work deals with the creation of values, it follows that there is no other place in a man’s life where he can express his creativity to its fullest potential.
Clearly, productive work can and ought to be personally fulfilling. But where does this put one’s career in comparison to one’s personal relationships? Consider a hypothetical relationship between two people who undertake no productive endeavors, neither work nor vigorous hobbies. What would such a relationship consist of? There would be no ambitions to share, no accomplishments to celebrate, no independent growth to encourage or experience in the other person. Such a relationship would be ultimately empty, an association between two barely-existing people.
In contrast, the best relationships demonstrate the necessity of a productive foundation. One’s work creates not only the material possessions one enjoys, but also one’s character. It is central to achieving integrity, honesty, and a sense of self-worth, all of which help form the substance that rewarding relationships are made of.
The argument that work is a lowly activity compared to the nobler, transcendent nature of relationships is a classic philosophical view. But there is no basis for this dichotomy. To view relationships as more important than work is like viewing water as more important than food. Both are vital for a full life.
Of course, it can be difficult to integrate one’s working life with one’s interpersonal relationships in a way that makes the best of both. What’s important is to grant both of them the emphasis they deserve, and to appreciate the way they fuel and enhance each other. So to the question “what’s more important, work or relationships?” we can answer: both.
Campus Media Response: Don’t Return to 1970s Economic Anemia
Lamenting BP’s oil spill in the Gulf of Mexico, Mark Costigan of the University of Oregon’s Daily Herald calls for an end to all offshore drilling. Faced with the objection that this would mean importing more of our oil, Costigan bites the bullet and says we should stop foreign oil imports as well:
If oil companies stopped buying oil from Saudi Arabia and Venezuela, we would lose about 24 percent of our oil imports. The price of gas would rise and people most likely would be discouraged from driving. The oil companies could invest the money they would have forked over to rich serfs in clean-energy projects and have a head start at dominating a new market. This would satisfy both free-market Republicans and “gas-tax” proposing Democrats. Unite both parties for economic growth and environmental progress? Sounds like a deal to me.
But does Costigan remember the last time we stopped drilling offshore and stopped buying foreign oil? As Alex Epstein of the Ayn Rand Institute reminds us, restrictions on offshore drilling after the Santa Barbara oil spill in 1969 set the stage for the energy crisis of the 1970s, which also included an embargo by Arab oil producers. The 1970s were not exactly a time of progress and prosperity.
Those who propose imposing controls on the production (or importation) of oil in response to the Gulf spill should reconsider the consequences.of this proposal for economic growth. Oil spills do have tragic human consequences. But energy from petroleum is also the lifeblood of modern civilization. When an economy is already hemorrhaging wealth, the solution is not self-imposed anemia.
Image from Wikimedia Commons
Campus Media Response: Are American Workers Threatened by Immigrant Workers?

In a recent column for the Harvard Crimson commenting on the dubious legislation in Arizona that would make it easier for police to question people about their immigration status, Raúl Carrillo makes the following argument:
Immigration reform, even during a recession, doesn’t have to put American’s citizen workforce and undocumented immigrants at odds. There’s more than enough room for common ground. Reform policies should be guided by the principle of offering safe employment to the undocumented who already work here and unionizing those jobs to raise wages. When workers of any origin can’t live with their families, organize, and work for their children’s healthcare and education, everyone in this country suffers. A more controlled and humane immigration system can help undocumented immigrants integrate into the rest of the American workforce.
Carrillo is right that American and immigrant workers don’t have to be at odds with each other. But he’s wrong that the source of the harmony is found in a policy that increases the level of government intervention in the market. As Rebecca Knapp argued in The Undercurrent in September of 2006, it is the free market, rather than government intervention, which ensures a harmony of interests between citizens and non-citizens alike:
It's easy to see that the employer benefits from having his property rights protected when he's hiring the cheapest babysitter or fruit picker. What everyone seems happy to ignore is that the other guy-the more expensive babysitter or fruit picker, the guy whose job was "stolen" from him-also benefits. He benefits from living in a society in which jobs are given to the most competitive job-seekers. He benefits because when goods can be produced at a cheaper price, the economy grows. He benefits because the owner of the orchard where he didn't get a job uses his savings to open a produce store or cultivate a new orchard and hires twice the workers he employed before. Or it allows him to spend more money on entertainment and the entertainment industry grows, or he banks the money and the bank invests it in new, productive industries which hire more workers. Whatever the farmer does with his extra money, wealth increases, the economy improves, and the country becomes a better place to live.
Read Rebecca’s whole piece.
Image by Flickr user johnwilliamsphd
Campus Media Response: Everybody Draw Muhammad On Campus

Writing in opposition to the recently publicized “Everybody Draw Muhammad Day,” a show of solidarity for Trey Parker and Matt Stone of South Park fame, Saif Ansari of The Daily Bruin writes:
There is no need to abuse or disrespect others in order to show that one cares about the right to free speech. And, although it is within your rights to insult or taunt, you shouldn’t. So it is curious indeed that some advocates of free speech, in an attempt to defend it, support exactly what the right to free speech permits but certainly does not condone: the abuse of others in its name….
To be clear, it is within the rights of every advocate of “Everybody Draw Muhammad Day” to participate in it and to voice his opposition to Revolution Muslim and others who seek to suppress the right to free speech. I oppose “Everybody Draw Muhammad Day,” however, not because it violates any right, but because it abuses one….
But Ansari misses the point, both of “Everybody Draw Muhammad Day,” and of the right to free speech. Nobody would be interested in offending against the Muslim prohibition of the depiction of their prophet if it were not for threats of violence that have been issued against anyone who violates that prohibition. The point of drawing Muhammad now is to defend freedom of speech by emphasizing that it protects the right to offend—and this requires a patently offensive act of solidarity. If freedom of speech were the right only to say only what was unoffensive, it would not be a right, but a permission of society. Back in 2006, The Undercurrent explained this principle in our nationally-issued pamphlet which reprinted the original Muhammad cartoon:
As American citizens and as human beings, we know that free speech includes the right to offend. Our right to speak is not erased the moment someone wants us silenced. We have that right always, undyingly, and in principle. If, at the very moment we are called to defend that right, we instead limit it, downplay it, and appease those who attack us for exercising it, then it won't be long before its exercise will no longer be possible.
The media should respond by expressing solidarity with the persecuted editors: they should re-print the cartoons. There are too many American editors to kill. It's easier to intimidate a few people than an entire nation.
Read the rest of the text of TU’s pamphlet, and our analysis of the campus media’s reaction to the Muhammad cartoon controversy.
Drawing by Diana Hsieh
Asking Permission to Live
Within the confusion surrounding the immigration issue is a crucial moral question
Much has been said about the recent Arizona law that requires police to verify the immigration status of anyone they suspect of being in the country illegally. Critics argue the law is vague, unconstitutional, and will lead to racial profiling as police try to enforce it. Defenders respond that it is simply a means to enforce the rule of law – if people are committing crimes, shouldn’t the police be empowered to bring them to justice? On its face, there seems to be a conflict between two compelling cases: the rights of citizens on the one hand, and the rule of law on the other.
The issue has become a confusing maze of seemingly unrelated aspects. A short list would include racial profiling, police-public relations, federal versus state jurisdiction, drug smuggling, employment of undocumented workers, untaxed welfare benefits, and social impacts on immigrant families. Consequently, our media pundits and politicians offer up uncertain, inconclusive attempts at solutions.
Despite this, the Arizona law has done something clarifying: The chilling image of a police officer demanding proof of citizenship from a person they “suspect” of being illegal has reminded us of the fact that all one has to do to break the law is to have been born in the wrong country. What the papers in question represent is the fact that even the most peaceful, hardworking, and good-natured person is considered a criminal simply by lacking the permission of the federal government to pursue his peaceful, hardworking life in the United States.
But there is no rational basis for such policies, and never has been. America’s founding doctrine of freedom rightly framed a society where no man is causelessly presumed a threat to his neighbor. So long as one respects the freedom of others, he was to be granted the same. Unfortunately, that idea was distorted and replaced by the contradiction that still persists today: that a nation literally born of immigrants considers outsiders criminals until and unless they are granted legal permission to breath, walk, and work inside our borders.
Fundamentally, there is only one thing to say about the issue of immigration: the very existence of the term “illegal immigrant” is a disgrace. Immigration is a legitimate human activity fully consistent with individual rights. Provided he poses no objective threat to anyone else, any man who wants to work or live in America should have his freedom respected by our government—not violated by it. Politically, this means a policy of open immigration, where immigrants are able to register with the government upon arrival in order to properly participate in the legal system and receive protection of their rights. So long as a would-be immigrant poses no clear threat by entering the country (for example, by having a criminal background or an infectious disease), the government imposes no obstacle to entrance. Immigrants would then be free to live their lives as any other resident, bearing full responsibility for earning their own livelihood. (Read more about open immigration here.)
The other issues–racial profiling, legality, alleged economic impact—only serve to distract from the crucial question that the Arizona law prompts us to confront: what has a man done wrong by standing on an American street without permission?
On The Road to Ever-More Government Control
A California county recently banned fast-food restaurants from including toys in their kids' meals. The goal of this new ban is to reduce rampant obesity in today's youth by breaking "the link between unhealthy food and prizes." On the face of it, the effects of this ban seem trivial: so what if there are no longer any toys with meals?
But however petty this law may seem at first glance, its implications are anything but. If we accept the underlying premise of this ban, that it is proper for the government to outlaw practices with which it disagrees in the name of what's "best" for us, then the debate is no longer about whether the government should control our lives; it is merely a question of how much.
Our lives are comprised of a constant series of decisions, ranging from the foods we should eat to the careers we pursue to the relationships we choose to have, any number of which it might be asked: is that a healthy choice? Is that really best for you? If we accept that it is the government and not we as individuals who decide the answers to these questions, there is no logical end to how intrusive the government may become in order to purportedly protect us or our children from obesity or any other real or alleged harm.
If kids' meals should not include toys, then maybe McDonald's should be banned from having playgrounds because these might attract children to eat there. Or maybe the company's mascot, Ronald McDonald, should be banned because he appeals to children. Or perhaps fast food restaurants should not be allowed to paint their exteriors with bright, cheerful colors but instead must look drab (like cigarette cartons and ads are forced to do). And maybe banning fast food restaurants in general would be a good idea since they're not healthy for anyone, as has already been done in other California towns.
The logical consequence of banning toys in kids' meals is the government's ever-increasing control over what foods a restaurant can sell, how it can sell them, and what we as consumers can eat. This means that someone who usually eats healthy foods but likes to occasionally bite into a juicy cheeseburger may no longer have the choice to decide whether he can do so. This decision will be left up to the government. Or a mom who on occasion purchases kids' meals for her child for the convenience of an easy and quick bite may no longer have the luxury of deciding to pursue that option. Uncle Sam will decide what any parent feeds his child.
There are those who will scoff at this "slippery slope" argument. But if these predictions seem too speculative, remember that the laws of today were the parodies of yesterday. Back in 1994, many people thought it was absurd for tobacco companies to argue that anti-smoking legislation opened the door to regulation of food. Sixteen years later, here we are. Where will we be in 2026? Once a legal principle is established and increasingly entrenched—as this law will further entrench the principle that government should control our food choices—history shows us that the implications of such a principle will be carried out over time.
This nation was rightly founded on the premise that we have the right to exercise our own choices, even when our decisions might be mistaken or when others disagree. If companies want to offer toys with their kids' meals, even if these meals may be considered unhealthy, they should be free to do so. Likewise, parents should be free to decide whether they want to purchase such meals for their children. And of course, those that oppose such practices should be free to advocate their opposition.
What the fast-food toy ban does instead is sidestep all of these freedoms and paternalistically impose a course of action on law-abiding Americans. Our government should not be making these choices for us under the ostensible goal of doing what is in our "best" interest. We should be able to decide that for ourselves.
Photo by Flickr user noodlepie.
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