Choice Framework

There are two rights being weighed here: the freedom to choose to smoke, and the freedom from smoke and its harmful effects.

The first is an active right: it involves the choice to actively engage in smoking. The second is a passive right: it involves the freedom to a certain state of being, that is, to a smoke-free surrounding.

All individuals have the active right to smoke, but this right is limited by the condition that it does not infringe on the rights of others; in this case, that it does not infringe on others' right to a smoke-free environment.

The passive right supersedes the active one because the execution of the latter, by necessity, invalidates the former; that is, by exercising the right to smoke, the realization of the right to a smoke-free surrounding is made impossible. (To picture this, imagine the Jaywalk at 8:53 AM on a Wednesday morning. With half the school on its way to class, smokers in the crowd make it impossible for non-smokers also heading to class to remain in a smoke-free environment.) The quantity of smoke is irrelevant; the right to a smoke-free environment is unconditional, since it represents a negative effect on an individual who does not wish to smoke.

On the other hand, although the execution of the active right infringes on the passive one, the preservation of the right to a smoke-free environment is not dependent on the absolute negation of the right to smoke. The act of smoking itself does not affect the right to a smoke-free environment; the act of smoking around non-smokers does. Therefore, the preservation of the passive right does not necessarily require the invalidation of the active right, but does require effective implementation of certain restrictions.

If we accept that the OWU administration is obligated to preserve the passive right, then a smoking ban would accomplish that goal and would be justified in that regard. However, a ban would also negate an individual's freedom to smoke, so it would be infringing on some rights while upholding others. While the right being preserved no doubt has precedence as the passive right, its preservation itself is not dependent on an absolute ban but on effective restrictions.