Despite bans on smoking and trans-fats, we’re not necessarily less free.

In the Washington Post, Anita Allen of the University of Pennsylvania reviews Nanny State: How Food Fascists, Teetotaling Do-Gooders, Priggish Moralists and Other Boneheaded Bureaucrats Are Turning America into a Nation of Children by David Harsanyi. She makes a point that I’ve thought a lot about in discussions of our growing "nanny state":

But Americans were never as free as Harsanyi imagines… . It is true that in 1960 US automobile drivers did not have to wear seat belts. But overreaching rules of other sorts reigned supreme. Under "blue laws," most retail stores and virtually all liquor stores were closed on Sundays, presumably so everyone could stay sober and go to church. More profoundly, in 1960 married couples could not legally obtain birth control in Connecticut, mixed-race couples could not marry in Virginia, black kids in Georgia attended underfunded segregated public schools and homosexual sex was against the law.

Readers have to wait until the final pages of this book to learn exactly why Harsanyi thinks the nanny state is a bad thing. The nanny state creates a moral hazard, he claims. "People act more recklessly when (purported) risk is removed." Plus, "the rigidity of nanny regulations does not allow consumers to practice common sense and protect themselves."