I. INTRODUCTION
In his first inaugural address, President Franklin Roosevelt assured the American people that "the only thing we have to fear is fear itself."1 President Roosevelt's famous statement begs the question, however, of why we should fear fear itself. What, or whom, does fear harm? When faced with the presence of fear, society must consider what steps it is willing to take and what it is willing to give up in order to address that fear. These considerations become particularly acute when the government uses the existence of fear as a rationale for legislation. The propriety of fear-based lawmaking is questionable, since fear is often unreasonable, malleable, and …