Dear Kenn:

Yes, infecting others with Typhoid is like shooting random poisoned metal spikes all over the place. If that’s not just the sort of thing the NAP is supposed to stop, then my understanding of libertarianism is sadly deficient.

Best regards,

Walter

From: Kenn Williamson

Sent: Friday, September 11, 2020 9:32 AM

To: Walter Block <[email protected]>

Subject: Re: Mask Mandates Continued

Dear Walter,

After discussing this issue with some work friend libertarians, they came up with a good counter argument which is that a virus is more like poisoned metal spikes shooting out of your body intermittently.  I agree that is a closer analogy however I don’t think that changes the analysis.  If you are on property where all the inhabitants were in an implicit contract that poison spikes intermittently being spewed from your body is permissible, I still don’t see how a libertarian could justify having a third party come in and force them to “stop shooting the spikes” (wear a mask.)  Otherwise, how could you justify your positions on Murder Park or voluntary slavery. The problem with common property is still the same.  Specifically, that some people think it is ok and others do not.  My work colleagues agree.

Best regards,

Kenn

On Fri, Sep 11, 2020 at 9:04 AM Kenn Williamson wrote:

Dear Walter,

I keep seeing more on how libertarians would be justified in certain circumstances to compel people to wear masks universally.  I still don’t see how this could ever be justified in a libertarian way.

Consider another non-medical example.  Person A is a “metal-head” meaning that they love heavy metal music and culture.  They like to wear metal spikes on their clothing.  Now does the fact that these metal spikes constitute a clear and present danger to anyone who bumps into A by stabbing mean that we would be justified in compelling A unilaterally to remove the spiked clothing?  I don’t think so.  If person B, through no fault of A’s, tripped and fell into the metal spikes would that constitute an assault of B from A?  I don’t think so.  Does wearing dangerous metal spikes out in the open where anyone could run into them accidentally constitute a threat of violence?  I don’t think so.

Again, as I’ve said before, any property owner would have the absolute right to require A to remove the spikes before entering their property.  They would also have the absolute right to deny admittance to A if they refused to remove the spikes.  However, this does not give a third party the right to forcibly remove the spikes from A’s clothing if he is in an area where the property owner is fine with people wearing spikes.  In a place where there is an implicit contract among all of the current inhabitants that spiked clothing is permissible.

I don’t see any way around this analysis.  The problem people seem to be having is what to do to in “common” (read government controlled) property.  This is not a problem with the basic analysis of the situation but a problem of statism.  It is similar to your argument for open borders.  The problem of immigration between nation-states isn’t solved by saying that insofar as the State is the de facto enforcer of property rights they have the right to enact the people’s will and prevent immigration if the public sentiment is against immigration.  This is rightly seen as an invasion of the rights of both the immigrants and the pro-immigrant minority.  The same is true for mask wearing.  Enforcing mask mandates on “common” property is the same thing as enforcing immigration restrictions.  Specifically, it is the tyranny of the majority against the minority.

To be clear, I am 100% in support for private mask mandates.  What a property owner is doing with their own property is their own business.  I am also 100% against a universal mandate prohibiting mask wearing.  But I can’t agree with your and other’s analysis that a universal mask mandate is libertarian.  The only scenario in which it would be valid would be when 100% of property owners agreed that masks were required in which case it would be completely superfluous.

Best regards,

Kenn

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