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Saturday, June 10, 2023
What is a slippery slope argument?
The Freakonomics podcast did an episode on slippery slope arguments. It featured Eugene Volokh, Dahlia Lithwick, and a philosophy professor. Eugene wrote a great article on this; his post links to two versions of the article and blog posts serializing it.
I agree with Eugene that episode was interesting. But it went off the rails for me by spending a lot of time on distinct argument that I do not believe qualify as slippery slope. It features the president of the Campaign for Tobacco-Free Kids discussing opposition to early smoking bans, which featured arguments that prohibiting indoor smoking would destroy the restaurant industry or that prohibitions on smoking on planes would lead to plane crashes and violence by tobacco-addicted pilots and passengers.* Lithwick talks about CRT bans and book bans as descending into "feelingsball"--people support the bans because learning CRT will make white children feel bad about themselves or reading books about queer kids will lead to bad behaviors. She blames yellow journalism for the monetization of scaring people, even affecting how we discuss weather ("bomb cyclones" and "thunder snow").
[*] The initial ban applied to short (90-minutes-or-less) flights, on industry arguments that tobacco addicts could not last any longer without a smoke.
These are arguments about bad consequences--Policy/Law/Practice A will produce bad results or results I do not like. We can argue they are "catastrophizing"--warning of extreme (and unlikely) and scary consequences ("reading these books will turn your kids queer," "banning smoking will cause pilots to crash planes"). We can even argue they are examples of moral panics, which goes a step beyond catastrophizing bad consequences. Historic yellow journalism and modern-day "clickbait" journalism trade in these arguments--look at all the bad things that will happen from this practice or this law. And the weather example has nothing to do with anything--making weather sound dramatic does not really cause any conduct.
None is a slippery slope argument, at least as I understand the phrase and as Volokh uses it in his article. Slippery slopes argue that allowing Policy/Law/Practice A leads to Policy/Law/Practice B--if we allow gun registration, then government will confiscate guns; if we allow prohibitions on swastikas, then government will prohibit the Confederate flag or BLM flag. That is different from arguing that prohibiting swastikas will anger Nazis and cause them to riot or that gun registration will create a dangerous black market in illegal guns. Slippery slopes are about "slippage" from one set of rules or conduct to new rules or conduct, not from one rule or conduct to the consequence of that rule or conduct.
Posted by Howard Wasserman on June 10, 2023 at 02:41 PM in Howard Wasserman, Judicial Process, Law and Politics | Permalink
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