George Korda

special to the News Sentinel

"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers – and then you cash in on the guilt." -- Ayn Rand, “Atlas Shrugged.”

Tennessee as of July 1 made lawbreakers of, and is punishing, miscreants who pick up their cell phones while in their cars because “safety rules.”

This Volunteer State law brought added emphasis to a discussion on Fox Business Channel’s July 1 edition of “Mornings with Maria.” A panel of two men and two women discussed a new Florida law banning texting while driving.

Jessica Tarlov, a woman on the panel, complained about states without motorcycle helmet laws (states that actually permit adult Americans to make such choices for themselves). “Safety rules,” she said, adding that she doesn’t like motorcycles.

And there’s the crux of such debates: I think other people shouldn’t do what I don’t like, and I want laws to make them not do it.

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No one challenged her, because, you know, safety rules. But someone should have questioned her, but all wanted to toe the I-can’t-appear-to-be-insensitive-to-safety line. Just one query would have sufficed: “That means you never exceed posted speed limits, because safety rules?”

That’s the question that should be asked of everyone – legislators included – when they take to the “safety” barricades to justify the law.

“Show me the man and I’ll show you the crime.” – Lavrenty Beria, head of the secret police under Soviet Union dictator Josef Stalin.

Doubtless there would have been chuckling and good-natured ribbing on the “Mornings with Maria” set without pressing home the point that of course she doesn’t follow posted speed limits. If someone does, all the time, they’re a candidate for Ripley’s Believe it Or Not.

Equally doubtless is that supporters of the handheld cellphone ban are equally heavy-footed as they fly past speed limit signs, even as they complain those who disagree with Tennessee’s new law are against safety.

On the motorcycle helmet issue, a few years ago a man called my radio show on WOKI-FM, Newstalk 98.7, and took issue with my statement that the Tennessee helmet law ought to be repealed. He didn’t like the idea that he’d have to help pay the medical costs of someone who falls off their motorcycle and injures their head.

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I said something very close to the following: “You might weigh 300 pounds. You might smoke three packs of cigarettes a day. You might exist on a diet of red meat. All of that can affect my health care costs. Should I be able to get a law passed to protect me from your choices?”

“Well,” he said, “I hadn’t thought of that.” However, typically in the 21st century when advocates are confronted with such a question the answer is that the questioner doesn’t care if people die – because that way they don’t have to admit that their point is that which they don’t like should be banned.

“If you make ten thousand regulations you destroy all respect for the law.” – Winston Churchill.

In the case of the modern-day United States, the sheer number of laws elicits disrespect. Writing in the Oct. 2, 2017 Washington Post, columnist Ilya Somin illustrated the problem: “The federal government today regulates everything from light bulbs to toilet flows. There is even a federal regulation making it a crime to advertise wine in a way that suggests it “has intoxicating qualities.” The percentage of lawbreakers goes up even further if we include state and local laws and regulations as well as federal ones.”

And now you’re breaking the law in Tennessee if while in your car you pick up your phone. This is especially problematic for lower-income people. Drivers with late-model cars probably have hands-free systems, which are allowable (despite the fact some safety purists say it’s the conversation, not the phone, that’s distracting). Thus, it’s lower-income people who are likely to be hit with the largest number of fines.

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The legislators who voted for this law aren’t bad people; however, they voted for a bad law. If health care costs and safety are universally-justifiable reasons under “safety rules” to allow government to restrict or control behavior, there is little in anyone’s life the government can’t – and eventually, won’t - restrict or control.

Please, legislators, don’t burden us with more laws because it feels good, to do someone a favor, or to protect us from ourselves. Not unless you never break a speed limit, always use your turn signals, and never, ever, do anything in your cars that might distract you from driving.

Please set an example of smaller and less intrusive government. Leave us alone.

George Korda is political analyst for WATE-TV, appearing Sundays on “Tennessee This Week.” He hosts “State Your Case” from noon – 2 p.m. Sundays on WOKI-FM Newstalk 98.7. Korda is a frequent speaker and writer on political and news media subjects. He is president of Korda Communications, a public relations and communications consulting firm.