Just read this post:
http://www.juliansanchez.com/2011/02/04/the-trouble-with-balance-metaphors/

He makes some excellent points.

I think the crux of his argument is American "Freedom" has be supplanted with Mill's utility.

And I wonder how and why that happened.

I'm reminded of the meme "You can't yell 'Fire' in a crowded theatre!" Which is spouted as an invective on the supposed limits of speech.

What I mean is we have a perception in this country that what you can say or what you can do is increasingly being redefined by how "useful" it is.

And it will only get worse from here.

Right now, if you partake in risky activities like mountain climbing, skydiving, scuba.  Your insurance premiums are consequently higher as you represent a greater risk to the insurance company.  Perfectly understandable.

If obamacare is fully enacted.  And I am now made officially my brothers keeper by law, when my brother wants to partake in the above mentioned risky activities who will pay for resultant injuries?  Why me and you of course! But by extension we can reduce costs (and save the environment!) If we just disallow some hobbies.

Some would say I'm being delusional.  But isn't that in fact the whole impetus behind seatbelt and helmet laws?

Our freedom to do as we please is already "weighed" against its own utility, and others responsibilities to pay for the consequences.

How did that happen?