The most important issue coming out of 2020 is not healthcare. It is property rights. Government at all levels violated property rights to a degree that hasn’t been seen in our lifetimes.
The only possible exception to this is the issue of war, which in itself heavily violates property rights. It obviously violates the rights of those subjected to the bombings and occupations. Americans who were drafted in the 1970s and before also saw this violation. The property right violation was against their lives.
Outside of war, Americans have never seen such massive violations of property rights as what has been seen since March 2020. Most state and local governments issued stay-at-home orders and shut down businesses deemed non-essential. Meanwhile, the guidance was coming from the federal government (maybe national government is a better term here). And then you also have the CDC telling tenants that they won’t be kicked out if they don’t pay their rent.
The issue of property rights goes along with freedom of association. When the government tells a restaurant to not allow any diners, it violates the rights of both the company and the customers. The two parties should be free to associate, but the government is telling you that they will ultimately use violence if you violate the imposed rules (not laws).
Libertarians are the strictest defenders of property rights. It is really the basis of libertarianism. You don’t infringe on other people or their property. Maybe there are some nuances and gray areas, but this really sums up libertarianism.
We live in a society with some respect for property rights. If there were no respect for property rights, we wouldn’t really have a civilization at all. If the human race still existed at all, it would be a world of violence and poverty like we can’t imagine. Even in current-day Venezuela, there is still some form of property rights.
There are obviously many violations of property rights, even in the United States. All you have to do is look at all of the taxes and most regulations to see where the violations come in. There is certainly crime, but most property rights violations come from the government at some level.
Given this, it has made it that much more difficult over the last year for libertarians to navigate the statist waters. Whenever property rights are violated, it seems libertarians are talking to an empty crowd when the issue is brought up (if it is ever brought up). But if a private business does something that is worth criticizing, then libertarians are immediately met with, “It’s a private business, so they can do what they want.”
Don’t Back Down, But Explain
It’s important for libertarians to not back down from these discussions. But it’s also important to get the nuances correct.
In 2016, Libertarian Party presidential candidate Gary Johnson was asked about whether a baker should be forced to bake a cake for a gay couple’s wedding. Johnson said that the baker should be forced to bake the cake, but he doesn’t have to decorate it. He rightly received a lot of criticism for this response, especially from hardcore libertarians.
Now it is being used against hardcore libertarians when a private business does something that most libertarians object to. For example, many businesses require that you wear a mask. Many people object to this. So we’re met with, “They are a private business, so they can do what they want.”
It’s not that this response is wrong. But it doesn’t end there. First, these mask mandates are there because of pressure coming from the government. They will often just follow CDC guidelines, and some of it is to protect against lawsuits. It isn’t all virtue signaling.
Second, just because a libertarian objects to a mask mandate, it doesn’t mean this person is advocating government action. You can make your thoughts known and then choose whether or not to shop there.
I, personally, have always been hesitant to say that I have a medical condition. I don’t really like to lie. I will enter a store without a mask even if there is a sign saying it is required. But as soon as someone from the store questions me about it (which rarely happens) and tells me it is a requirement, then I will choose to either wear one or leave the store. It ultimately is their property.
There was a video of a woman in a bank who was arrested because she refused to wear a mask. But really, she refused to leave the premises. It is hard to blame the police in this situation because the bank employees (who represent the owner or owners) were telling her to leave. At that point, she was trespassing.
I understand where many conservatives and some libertarians are coming from when they want to use the law to their advantage. When you say you have a medical exemption, nobody is supposed to ask you about your medical condition, as it could be a violation of federal law.
In Florida, new legislation is preventing private businesses from using vaccine passports. Many conservatives and some libertarians cheer this, and understandably so. At the same time, it is a violation of property rights, as a movie theater or any other venue should be able to write its own rules.
But then it is frustrating for libertarians because most companies would not even be considering such a thing as a vaccine passport if we lived in a free society and if you didn’t have the CDC shoving guidelines down your throat.
Another thing to consider, which is a point often skipped even by libertarians, is that these vaccines did not come about in the free market. The federal government spent billions of dollars funding the research and development. And now your vaccine is “free”, as the federal government (with help from the Federal Reserve) has paid for the production and distribution. The government also shields the vaccine manufacturers from liability, and then uses your tax money again to offer incentives (bribes) and do mass marketing campaigns.
So when Ron DeSantis stands up and says that vaccines shouldn’t be required, it is hard to give a first reaction of, “Well, that’s a violation of property rights.” I do think it needs to be said that it is a violation of property rights, but it is rather minor when compared to everything that just came before it.
(It gets even messier when looking at the cruise industry, as there are contradicting laws coming from the federal government and the state of Florida.)
The same goes for employers that mandate vaccines in order to stay employed. I think libertarians and every other sane person should fight hard so that this does not become the norm in our society. I’m sure there will be many court battles in the future that deal with this issue.
You know that eventually, some employer is going to require the vaccine and then someone will get really sick or die right after getting the shot. Then the employer will be sued for liability (while the drug companies are protected as planned).
If you are a libertarian, it is not a contradiction to fight these mandates while maintaining a respect for property rights. You can be against mask mandates and vaccine mandates by private businesses without requesting government interference. Of course, it should always be pointed out that these likely wouldn’t be issues if it weren’t for the government in the first place.
It is also an opportunity to call out those who do not defend property rights, especially on the political left. If you ever hear a non-libertarian say, “It is a private business, so they can do what they want.”, then this is a perfect opportunity to say that they should have been treated this way in 2020 when businesses were forcibly shut down.
If you want to take it one step farther, you can also ask them whether they favor getting rid of all anti-discrimination laws. Why is it only libertarians who have to be consistent all of the time? Anyone who is opposing DeSantis for telling businesses that they can’t require vaccine passports better support complete property rights and freedom of association. Otherwise, they are just authoritarians who want all of the rules and restrictions in place that they favor, and no more.