If publicity makes conduct regulable because it makes the conduct offensive, then Mill's justification for regulating public drunkenness is an appeal to offense.

The immediate context is otherwise paternalistic restrictions with drink. But when drinking that is otherwise purely self-regarding is done in public, it becomes offensive and, Mill here claims, regulable. It seems impossible to square this with Mill’s blanket prohibition on offense regulation. Why this exception for public offenses? Mill’s answer is that when done in public, the conduct comes “thus within the category of offense against others.” But if publicity is relevant because it makes the