Originally posted by utherpendragon
Arkansas currently has a law that prohibits smoking in the car with very young children. The law has been extended to include children under 14 years of age, claiming that it will spare children from secondhand smoke. The law includes all children, even one’s own. There is a $25 fine. IN California, the fine is $100.
[b]The debate :
Is ...[text shortened]... differ from a child seat law or a helmet law? Bottom line, is it any of the state’s business?[/b]
Well, we do agree that child welfare is the state's business, and that children are not merely chattel without independent rights. We know that parents are not allowed to starve, neglect, or severely beat a child. We know they aren't allowed to endanger the child, to a certain extent.
So the question has to be posed, like many other issues of liberty and balancing individual rights with collective interests - what is the degree of risk to the child as weighed against the level of intrusion to freedom.
If a child is fed too much fast food, I don't believe it's a state matter. However, if the sole diet is twinkies and the child is suffering, or likely to suffer, severe health detriment as the result, it may be a state matter.
Does second hand smoke present a danger serious enough to warrant state intervention? I don't have enough information.