[Alan Chapman]

All human activities have societal consequences.

Assuming (for the sake of argument) that's true by what measure does one go about determining which activities should be prohibited? Which activities are rights and which are not?

The implication that all activities are "essential liberties" is juvenile nonsense.

Your misinterpretation of Franklin's quote is juvenile nonsense. He's talking about liberty being essential and not which liberties society considers essential.

[Roscoe]

Assuming (for the sake of argument) that's true by what measure does one go about determining which activities should be prohibited?

To the extent such decisions are made matters of legal regulation, the determinations are made by the legislative process subject to judicial review.

Now, where do you contend that the right to swim in a public pool comes from?