Anonymous is fired up about the mascot/flag-burning paradox. I'll address his points one by one.
1. Littering is freedom of speech in the same way that a political protest is. I don't have the jurisprudence at my fingertips, but I think it's a dead end to call every single human action "freedom of speech." What statement is a litterer trying to make? Meanwhile, littering has definite social costs, including health impacts (despite strenuous protestations to the contrary. Read, for instance, "The Search for the Ultimate Sink," by Joel Tarr for a history of urban waste generation and disposal [I know, I know, only a geeky engineer would read a book about the history of urban waste generation and disposal]). As I've stated earlier, the freedom of speech concept rests on a balance, a balance between the right itself and protecting public welfare (yelling fire in a theater). You can always dig up some social cost for every instance of free speech, but if we do the social calculus, I think we'd find that a political protest comes up a plus, while littering, if it is indeed free speech, would come up a minus.
2. Lack of personal accountability is a big problem in the US. I agree with this statement. I guess I wasn't clear in my Nanny State post. I have a lot of faith in what the "experts" tell me (as long as the topic is within the expert's field). I myself used to be one of those experts (when I worked for the San Francisco County Board of Supervisors as a city planner, my colleagues and I were the city planning experts for those 11 elected officials and thus for city/county policy). So when an expert tells me that riding without a helmet is bad and here's why, I have no problem with that being the basis for public policy. Some might call this deference to experts "liberal elitism." But the truth of the matter is, I know more about city planning and its related topics than most people do, not because I'm smarter or elite, but because I studied and practiced it. Therefore, I feel I am better suited to make city planning decisions for "the people." For an interesting but in my opinion flawed look at this from the other side of the aisle, go here.
Disclaimer: I admit I am biased in this whole Nanny State discussion, because city planning as a profession is based on a very Nanny State/anti-free market idea. I can support this, though, by looking at the history of city planning in the US and see that for the most part, it has been a reactionary force for good--though I happen to find our current rigid separation of land uses bad.
3. What we need is tough love. I also agree with this, though in a broader way than Anonymous probably meant. I call it "full social cost accounting." The idea of full social cost accounting (FSCA) is in the grandest free market tradition, but with the added bonus of internalizing all the market-failure externalities. In the motorcycle helmet example, the FSCA principle would have motorcycle riders pay for the privilege of riding without a helmet. Call it an "advance disposal fee." I would have no problem at all with anyone who drives a Hummer--if the price of gas included all the external costs. (I read an article a while ago, though I can't seem to find it now, that explained how insurance companies were cross-subsidizing SUV owners because SUV premiums weren't reflective of the greater damage- and crash potential that SUVs had with respect to passenger cars. That's a big FSCA no-no).
4. Flag burning is the same as offensive sports mascots. First, let me heartily disagree with the statement that "veterans have earned an aggrieved status comensurate (sic) with that of Native Americans." I am a veteran, and I believe this gives me some moral authority in this matter. In fact, as cliche as it sounds, I firmly believe that I "fought"--I put that in quotes because as an engineering officer, I was never on the front lines and was only ever shot at once--to preserve the right to burn the flag. I also don't think that the flag burning issue belongs to veterans alone. So let's put those veterans aside.
I had brought up in an earlier post the idea of moral reasoning. By that I meant the deliberate consideration of the moral costs and benefits of a particular sports mascot. What are the moral costs of, say, the Cleveland Indians logo? Well, it's a gross caricature (can you imagine if the logo were a similarly stylized Chinese or black face?). It perpetuates stereotypes of Native Americans (I doubt that the Kickapoo, Miami, or Erie tribal members wore the headband with the feather, if indeed anyone ever did). It glosses over or even celebrates the horrible treatment that Native Americans received. What are the moral benefits of the mascot? It preserves a tradition that goes back to 1914, though a tradition that was embarked upon with very little thought and indeed quite offhandedly. I think that in this case, the costs clearly outweigh the benefits.
Now, on to flag burning. What are the moral costs of banning flag burning? It is an indubitable erosion of our First Amendment rights. It sets the stage for amending the Constitution for every possible slight. It undermines what the flag stands for. What are the moral benefits? It avoids the possible offense of groups like veterans. It places a very high value on the flag as a symbol (though the irony here of course is, a symbol of what? Freedom?).
You can do your own moral calculation. As I said earlier, if I were the arbiter of sports mascots, I would ask that teams do their own calculations, too. If the Fighting Sioux did that, and, again, the fact that they changed their logo suggests that they did so at least in part, then I'm satisfied. My complaint is that too often, people don't fully consider the effects of their actions, or they lean too heavily on that thing called "tradition." Tradition has value, but it doesn't trump. (This is where we talk about the Confederate flag).