Unfortunately, even the red & blue choice is being taken away from us. Many schools have implemented the "no red" or "no blue" policies, as some say it can be seen as an allegiance to gang activity, and in this politically correct world in which we live, active harm sadly extends to ones perceptions of offense.

As for the answer to your question, I'm not pushing for the freedom to harm others, rather, the freedom to harm yourself. If you are a private business owner, and you decide to open a 'smoking tent' as a place for smokers to congregate, you do not have the right to go in there and demand they stop. What you do have as a tool at your disposal is the right to not enter. And if you do, you've done so with informed consent.