Gillespie’s Maxim: I believe in choice in everything.
TL;DR: I want to be able to make as many choices for myself as possible without violating laws and regulations, so I want as few laws and regulations as possible. That means I may likely disagree with others’ choices a lot, but as long as they’re not harming anyone outside of healthy, consenting adults, they should be free to do whatever they want.
On 31 Jan, Nick Gillespie shared a tweet and it caught my eye. “Of course. I believe in choice in everything,” he proclaimed. A few months later he would write, “I’m pro-choice in everything, even tacos. Anything that’s peaceful.”
That simple idea, choice in everything, is a great approach and starting point to all discussions about laws and regulations, and often time rules in general. I like to think of that idea as Gillespie’s Maxim. Hypocritical Democrats and Republicans like to be pro-choice on this and that but opposed to choice on those and the other. I believe in rules and law. Some regulations are reasonable. But politicians are terrible at resisting the urge to make up unnecessary rules and burdens. Case in point…
President Trump on 23 Jun: “It is (a shame) that Congress doesn’t do something about the lowlifes that burn the American Flag. It should be stopped, and now!”
Donald Trump, Great Defender of America (by proposing laws, not by actually serving and defending our nation, but that’s not the point here…) is suggesting Congress should pass a law banning flag burning.
When I was eighteen, I got the flag tattooed on my back. I love that tat. I’ve served in three combat zones with the flag on my shoulder in uniform. I fly the flag at my house. I have it in about every fourth tweet and reply… but being able to protest any issue by burning the flag is the absolute right of a free people. I’m pro-choice on flag burning. I don’t like it. I won’t do it. I’d rather others don’t do it. But as a matter of “should you be allowed to do it…” — I’m 100% pro-choice. Don’t harm my flag, but do what you like with yours. See how that works? Don’t harm others — not people, not things, but do what you like with your life. So apply that to as many things as possible.
- I don’t do drugs. Don’t endanger others while using, and you should be free to do drugs.
- I don’t visit prostitutes. If it is among consenting adults, you should be free to have sex with whoever you want, however you want. I guess with whatever you want.
- I don’t smoke. Don’t subject others to your smoke, and you should be free to smoke away.
- I think exercise is great and everyone should do it, but there shouldn’t be a law requiring it.
- I think voting is important and every citizen should try to participate but it shouldn’t be mandatory.
You see how this works?
There are lots of things I don’t like and don’t think others should do (and lots of things I do like but don’t believe you should be forced to do). But as long as the activity is consensual, among adults, and does not harm others, we shouldn’t restrict it. I don’t like flag burning, but it shouldn’t be banned.
What we’re really saying when we say someone (Congress, the President, governors, mayors, police, etc.) should “do something” is that people should have to do such-and-such under threat of force, fine or other punishment. It is using power to compel others to do what we want. For those of us seeking to live free, using force to compel action or to accept a belief is exactly the opposite of what we should encourage.
Gillespie’s Maxim is a good one. We should apply it as much as possible. Candidly, I know I’d be much more supportive of many laws and regulations than Nick and many libertarians. I believe in government and I believe some things are greater than political ideologies. But as a starting point, before we say, “someone should,” we should pause and consider starting with Gillespie’s Maxim.
Note 1: When we create laws, we create the conditions for those laws to be enforced in ways we may not have intended. To see one way that can go horribly wrong, see “Breonna Taylor and the Moral Bankruptcy of Drug Prohibition,” by Jacob Sullum (24 Jun 2020, @jacobsullum).
Note 2: We shouldn’t half-heartedly support free choice. If one is old enough to be considered a legal adult, then she / he is old enough to make choices for themselves. See my 25 Feb Medium post, “What is 18? Answer: The Age You Need to be to Die for Your Country, Vote, and Even Get Eyeball Tattoos…”
