GETS IT WRONG Cincinnati City Council is contemplating making texting while driving illegal.
What does texting harm?
By itself, nothing.
So, where’s the problem?
Texting while driving diverts the driver’s attention from the task of driving, increasing the risk of an accident.
Is the new risk 100% — or even close?
Then there’s no demonstrable harm. The law is arbitrary and therefor oppressive. It is un-American.
That’s pretty harsh.
Think so? What do you think of the principle of prior restraint in general?
What’s wrong with it?
It goes like this: “We think you might cause harm to persons or property in this condition, therefor, we forbid you to be in this condition.”
So what if “this condition” is “armed.” Or “criticizing the government” or “praying” or “engaged in a homosexual act” or “driving while black”?
At the same time, observe how traffic laws are enforced, what punishments are meted out for transgressions, how even-handed the justice is.
Allow me, please, to scoff at the notion.
OK. So what makes you think this one will be any different?
And how does this square with American principles of justice and fair play?
‘Ll, it doesn’t.
OK. So it’s un-American, nest paw?