-Caveat Lector-

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<A HREF="http://www.zolatimes.com/V3.26/pageone.html">Laissez Faire City
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Laissez Faire City Times
June 28, 1999 - Volume 3, Issue 26
Editor & Chief: Emile Zola
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Boob Job

by Don Lobo Tiggre


In this week�s news, we saw yet another report�this time from the
Institute of Medicine�that breast implants don�t cause any serious
illnesses. These reports come as no surprise to those of us who thought
the whole flurry of lawsuits against companies like Dow Corning
(currently paying a $3.2 billion settlement to women who had silicon
breast implants) was a junk-science and hysteria-driven boob job aimed
at "soaking the rich." Only, this sort of legal fleecing doesn�t just
makes boobs out of the duped women, but everyone who thinks that
newspapers and TV broadcasts are accurate sources of information.

Conspiracy theorists may suspect that such crises are manufactured for
the express purpose of creating the public will (read: hysteria) that
will push new regulations and other draconian controls through the
federal and state legislatures. A simpler explanation is that the greed
of trial lawyers functions in a system that gives them no incentive to
be on the side of right in such matters. "Loser-pays" tort reform
wouldn�t guarantee this either, but at least it would give many lawyers
a good reason to hesitate before suing restaurants on behalf of women
who spill hot coffee on themselves. Whatever the explanation, the main
result of such adventures in legal entrepreneurship�besides fattening
trial lawyers� billfolds�is an incremental loss of freedom over time for
everyone living in the country (boobs and non-boobs alike).

Boob Tube Jobs

In bed with the trial lawyers are the slavish statists in the media.
Again, it may seem to suspicious folks that most American newspaper
reporters, talking heads on television, and their editors have never
seen a new tax or regulation they didn�t like, and that they are pushing
the statist agenda. (And obviously they often are.) However, editors
don�t need to be closet communists in order to seize upon every excuse
to dramatize the evil, sick, twisted, ugly, destructive, scary,
murderous, salacious, and generally negative from the flow of news that
crosses their desks. It�s what sells copy.

The media helped fan the flames of fear that gave the trial lawyers a
constituency to go after the makers of cosmetic surgery supplies, just
as they went after big tobacco, and are now going after gun
manufacturers.

Consider a case on a smaller scale, the new speed limit in Montana:

After the U.S. Congress repealed the nationwide 55 m.p.h. speed limit in
1995, many of the more socialist eastern states kept their speed limits
low, while large western states (where many people have to drive very
long distances on a daily basis) immediately raised their speed limits.
Montana adopted a "reasonable and prudent" "basic rule"�i.e., they had
no daytime speed limit, as long as people were not driving recklessly.
Montana is 500 miles wide, and for many Montanans, the speed limit was a
steep tax on their time. It was even dangerous, as it kept them on the
roads longer, increasing the incidence of drowsiness behind the wheel
and other hazards. Most Montanans welcomed the new rule and drove at
reasonable speeds, given the type of car they owned and the road
conditions. In 1996, the first full year after the "basic rule" was
adopted, highway fatalities dropped dramatically, from 216 to 198, the
lowest rate since 1989.

But that�s not the way an editorial from a major Salt Lake City
television station portrayed the "basic rule". According to KSL
spokesman Duane Cardall, "Montana tried it and it didn�t work. It is a
good lesson for us all." It�s not just the opinion that�s disturbing,
look at how Cardall carefully presents the facts:

"While many motorists approached the �basic rule� law with
responsibility, far too many abused the privilege, endangering not only
themselves, but other motorists. The fatality rate skyrocketed, from an
average of 200 traffic related deaths per year for the previous decade,
to 267 in 1997."

Besides the disturbing reference to the right to travel as a
"privilege", note that, instead of documenting the initial decrease in
fatalities, we are told that the death rate "skyrocketed." This is
yellow journalism of the lowest order; the statistics are correct but
the impression created is misleading. How can this be anything but a
deliberate attempt to mislead the public? Well, perhaps it is, or
perhaps it�s just the result of an editor who knows that "fatality rate
skyrocketed" will sell more copy than, "in a complex interaction of
alcohol, out-of-state drivers, and other variables, the mortality on
Montana highways has fluctuated greatly since the repeal of the speed
limit."

Post Hoc Ergo Propter Hoc

As it turns out, the 25 percent increase in deaths in 1997 was
accompanied by a 40 percent increase in alcohol-related crashes, making
it at least possible that the increase in fatalities had as much to do
with an increase in drunk driving as anything else. Even the post-speed
limit study commissioned by the Montana Department of Transportation h
esitated to draw any conclusions. In a telephone interview, however, an
MDT spokesperson did say that most of the trouble came from
out-of-staters who came to "joyride" and killed themselves. The total
number of crashes in 1997 actually decreased�it�s just that more
joyriders came in and removed themselves from the gene pool�Cardall�s
claims about danger to other motorists not withstanding.

So now Montana has a new speed limit law�75 m.p.h.�what a slap in the
face to all the responsible Montanans who were able to get where they
were going more quickly without troubling anyone else!

Now let�s look at the same tactics applied to a larger issue: the
onslaught against the right to keep and bear arms.

Immediately after the school shootings in Littleton, CO, a number of
television networks began showing footage from various gun "studies"
purporting to show how dangerous guns are to or for children, even when
they have been "educated" about the dangers of firearms. For example,
ABC�s 20/20 conducted one such exercise on a classroom full of young
children. The children were told how dangerous guns are by a police
officer, who then left the room. Several disabled guns were left mixed
in with the other toys, and to the horror of parents who watched the
tapes, many of the children picked them up and played with them�even
pointing them at friends and saying "bang", and trying to load them with
crayon bullets. The commentator informed viewers that, by counting up al
l the times the kids aimed the guns and pretended to shoot other kids,
more than thirty children would have died, had the guns not been
disabled.

This also is yellow journalism of the lowest order. In the first place,
having a cop tell kids not to play with guns is not a real gun
education. (I�ve helped my sons hold my .44 magnum while they pulled the
trigger and exploded a milk-jug full of water, spattering themselves
with water in the process; they have felt the recoil, heard the roar,
and know what would have happened had that jug been someone�s head!)
Also, leaving the guns mixed in with known toys in a familiar
environment is bound to reduce the fear any child might have of them.
And finally, had the guns not been disabled, and had they been loaded,
and had rounds been chambered and safeties left off of the autopistols,
and had one of the children in this case had the strength to pull the
trigger, and had the child actually managed to shoot a classmate (those
of us who spend a lot of time trying to hit targets know that it�s not
as easy as pointing and pulling)� If all of these things had happened,
it�s ludicrous to imagine that anything other than a wholesale stampede
from the classroom would have resulted, after the recoil of the gun
twisted it from the hand of the shocked kid who pulled the trigger,
possibly giving him a black eye in the process.

Yellow Journalism at NBC

A related report that was posted on "letters to Drudge" reads as
follows:

Dear Mr. Drudge,

Howie Carr and The Howie Carr Show had an interesting experience with
NBC�s Nightly News with Tom Brokaw on Tuesday.

NBC called us and asked if we would discuss the topic of the effect of
the Littleton shootings on our listener�s attitudes towards gun
ownership. Lisa Myers had a piece scheduled for that night�s news
broadcast and she wanted popular reaction footage to complete her piece.
We agreed. In the first hour of the show Howie asked the listeners how
they were effected if at all while the NBC cameras rolled. We took 33
calls.

30 of those calls said the effect of the shootings was to make them want
to own a gun for protection and not tighten up the laws.
When the story aired on NBC that night Lisa Myers said that according to
polls (which ones she never identified) and popular reactions on talk
shows most people were in favor of stricter gun laws and were against
gun ownership. She went on to play one of the 3 anti-gun phone calls
from our show completely ignoring the 30 calls which did not agree with
her premise.

This manipulation and skewing of the actual poll results from our show
has caused quite a stir among our listeners who [had] heard the gun hour
and then witnessed the blatant misrepresentation of what the majority
response was on NBC news. It has left much of our audience feeling
mistrustful and angry with network news in general and NBC specifically.
(By the way, this gun control feature led the news while China and the
Cox report was buried 11 minutes into the broadcast.)

Thanks for letting us vent.

Nancy Shack
Executive Producer
The Howie Carr Show


Yes, this sort of thing is enough to make even the most na�ve and
forgiving of us suspicious, but it is still possible, and perhaps even
probable, that the profit motive is as much at work here as any
political motive, if not more so.

So what can be done about it? Here are some initial thoughts.

As mentioned earlier, "loser pays" may be a step in the right direction,
at least as far as tort reform goes, but that doesn�t cover all the
trouble with lawyers�and doesn�t begin to address the problem with the
media. The real free-market solution that might flourish in the absence
of legal creatures of the state that limit liability could well be
increased personal liability. Do we not often say, as advocates of the
freedom philosophy, that freedom requires personal responsibility? Why
not extend that reasoning to public figures, especially ones who claim
to represent the interests of classes of people, or who claim to be purv
eyors of factual information (news)?

If KSL, ABC, or NBC wants to peddle reports that raise the hair on
people�s napes (and ratings), fine�but if that information is inaccurate
and leads to the loss of life, liberty, or property, the broadcasters
who spewed their skewed information should be held personally liable for
the harm done. If a trial lawyer wants to go after a company based on
the latest junk science, fine, but if he succeeds in removing
life-saving products from the marketplace based on information later
found to be false or inaccurate, he ought to be held personally liable
for every life lost.

Such personal liability might have a rather chilling effect on certain
aspects of our economy�but those purveyors who survive will be the ones
with the most impeccable track records of honesty, integrity, accuracy,
and fair dealing. Wouldn�t that be a good thing? Market discipline is
harsh, but that too is a good thing. Why cultivate boobs when we can
foster achievers?



------------------------------------------------------------------------
Don Lobo Tiggre is the author of Y2K: The Millennium Bug, a suspenseful
thriller. Tiggre can be found at the Liberty Round Table.

-30-

from The Laissez Faire City Times, Vol 3, No 26, June 28, 1999
------------------------------------------------------------------------
Published by
Laissez Faire City Netcasting Group, Inc.
Copyright 1998 - Trademark Registered with LFC Public Registrar
All Rights Reserved
-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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