In the same 2018 Gallup poll that your National Review article referenced, only 10% of people in the U.S. believe that married men and women having an affair is

In the same 2018 Gallup poll that your National Review article referenced, only 10% of people in the U.S. believe that married men and women having an affair is morally acceptable, and only 42% of people in the U.S. believe sex between teenagers is morally acceptable, but it would be ridiculous to ban these things through law because the government should not be intruding into citizens' private lives in this way. https://news.gallup.com/poll/235250/say-consuming-alcohol-marijuana-morally.aspx https://news.gallup.com/poll/235250/say-consuming-alcohol-ma... Also, the proportion of people who find hate speech morally acceptable is likely much lower than 43%, yet that is still protected in the U.S. by the First Amendment. An activity needs to be more than merely "morally unacceptable" to some people to justify banning it through legislation. You must also consider the infringement of personal liberties that a ban on that activity would cause, the resulting collateral damage, and whether the ban is practically enforceable. Prohibition was unsuccessful in the U.S. even at a time when the temperance movement triggered a wave of anti-alcohol sentiment because there were enough people who rejected the belief that others should be able to restrict their liberties based on different opinions on what is morally acceptable.