The problem arises when what some people consider their right, others consider the act an infringement of their right. It is interesting that Society steps in to impose a compromise and that not complying with the compromise is a crime. Society, in effect, says you can smoke here but not there. If you do not want to breathe secondhand smoke stay out of smoking areas. Lets pursue this line for a moment.
Pornography is a major issue nowadays.
It has been hard to make it a crime because of the free speech issue and the difficulty in defining pornography. The compromise here is to relegate pornography to restricted areas as much as possible. Also where there is a demand for nude beaches, permit them in limited areas where possible. Non-nudists just stay away if nudity is offensive, but don't criminalize nudity. Of course, this policy produces an awful lot of tasteless products and behaviors.