Do you have a right to smoke?

Do you have a right to smoke?

Some say that constitutionally there is no right to smoke. On the other hand it is legal to smoke. This is an important question because if you do have a right to smoke then smoking bans would be likely unconstitutional.

In your private space perhaps you do have a right to smoke. It is easy to argue from a libertarian perspective that whatever you do in your private space that doesn't harm anyone else is not the business of society or the government. On the other hand in public spaces it is the risk of second hand smoke which brings into the question whether or not people have a right to be free from second hand smoke.

Second hand smoke can cause COPD

COPD (chronic obstructive pulmonary disease) is a progressive incurable lung disease which is triggered by exposure to smoke. This smoke can be second hand smoke or the smoker's choice. In the case of second hand smoke it is this air pollution which can directly harm innocent people who do not consent to inhaling smoke.

How do you feel about this?

If you are a smoker, do you have a right to smoke? If you have a right to smoke, does it also apply to public places? If you are a non-smoker how do you feel about this?

References

The Right to Smoke. Canadian Medical Association Journal. 1962;87(2):84-85.