Comment by tfourb

"Yet you included privileges (like getting tax-funded things) in those liberties that would be affected. That's muddying the waters."

Differentiating between abstract liberties and the economic means to actually make use of them makes no sense to me. If a government guarantees the liberty to choose your profession freely, but the overwhelming majority of the population does not have the economic means to access the education required to become i.e. a doctor, does that liberty have any practical impact whatsoever?

In that sense, a free public education (including university), public health care, public pensions and even social security are not "privileges". They are fundamental rights that form the basis for the expression of liberty. And this is exactly how i.e. the German constitution frames these things. Social security payments explicitly are not a "privilege", they are a right and no government can cut social security payments below a certain threshold (though that threshold will make for a very uncomfortable living).

"I'm sure you're well aware of the escalating utilitarian thought experiments that use the same type of argument ("but many people would benefit from doing X to Y")."

Which is why it is important to build in protections. Modern/progressive democracy is not a "dictatorship of the majority", it is a rights-based system in which certain lines can not be crossed, no matter how benefitial it would be in a utilitarian sense.

"There's a right not to be harmed, but it doesn't extend to potential abstract harm."

It totally does. Again an example from Germany: We have a general prohibition on the surveillance of public spaces by public or private actors. Governmental authorities can supersede this in certain cases, but for private actors, you can't even point a fake camera at a public space, except when everyone using that space explicitly to that (which is impossible i.e. on public roads and already very hard in the common areas of apartment buildings).

The reasoning behind this is that no one should be exposed to even the abstract feeling of being surveilled in public, as this would alter their freedom to express themselves and limit control over their private information. Even employers need to limit incidental surveillance of their employees wherever possible.

"Is expectation of risk a liberty that's infringed? I don't think so."

I completely disagree. Again, it's a matter of degrees and your rights need to be weighed against mine. Often, your concrete expression of your liberties will outweigh the abstract infringement of mine. But sometimes they won't.