T H EL I B E R T A R I A NE N T E R P R I S E
I s s u e
51
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L. Neil Smith's THE LIBERTARIAN ENTERPRISE
Number 51, July 15, 1999
The Smoking Goons
by L. Neil Smith
[email protected]
Exclusive to The Libertarian Enterprise
Maybe I'm a soft touch.
Sometimes I get so embarrassed for my fellow human beings -- some of
them, anyway -- that I can hardly bear the squirming discomfort of
it.
The latest such deluminati (in a year seemingly populated to
the scuppers with them) are members of a Florida jury who decided
that the makers of cigarettes are responsible for half a million
bucketheads who somehow managed to mess their lives and health up
with tobacco products despite warning labels on every package and 30
years of vile, incessant, nagging, anti-smoking propaganda on radio,
TV, and jungle drums.
It's as if these companies had dispatched goon squads out across the
country to sit on their prostrate victims' chests, screw cylinders of
the Devil's weed into their unwilling mouths, whip out the Zippos,
and hop up and down on their helpless torsos to get a good draft
going -- over and over again for half a century. That sort of thing
produces entertaining X Files episodes (use big-headed little
aliens instead of tobacco companies and force the poor abductees do
to all of their inhaling through their navels) but it makes for
crappy law and crappy ethics.
The fact is, the goons in this story don't work for Big Tobacco. But
dozens of them -- carefully preselected -- filled that courtroom, sat
on that witness stand, and in the jury box at that money-monkey
trial.
It began with a huge crop of low, nasty, snivelling cretins, inclined
from birth (and aided by a dozen years of public schooling) to
whiningly credit their every moronic blunder in life to somebody
else. Millions of individuals smoke. Many get sick. Some sickness has
a statistical connection with smoking. But decent people realize that
they were the ones who made all the decisions in that chain of
events. They aren't out to steal obscene piles of loot from whatever
prey the current trendy set of idiotic beliefs will let them transfer
the blame to.
Then legions of slick, Gucci-footed socialist lawyers too lazy to
chase ambulances and ideologically sworn to obliterate individualism
and capitalism -- while raking in billions of dollars for themselves
in the process -- rounded up this passle of larcenous droolers to
serve as plaintiffs in the coming gang-rape of logic and the rule of
law.
Next, a gaggle of dolts even dumber than the mewling plaintiffs was
laboriously selected to lend credibility to a predetermined series of
events. By the process of "voir dire" (columnist Vin
Suprynowicz reminds us that that's French for "jury tampering"), any
potential juror who showed a spark of intelligence, independence, or
knowledge of the Constitution was savagely ejected, leaving only
those with no education, initiative, or brains, the meat-puppets up
whose quivering posteriors the Jim Hensons of jurisprudence could
shove controlling fists.
It's an irresistable combination: self-congratulatory political
correctness, Everestine heaps of green. Atilla the Hun himself would
swoon.
But don't think ill of your fellow human beings, dear reader. Show
trials with phony victims and hand-picked juries are nothing new.
They worked in revolutionary France, they worked for Stalin -- hell,
they worked for Estes Kefauver. The one and only innovation is that
the Armani-clad pillagers conducting these legal travesties will
realize profits rivalling the gross national product of several small
European countries. The Visigoths must be looking down (or up) in
envy as these new barbarians suck the marrow from this civilization's
shattered bones.
Look: lots of companies manufacture products that can be credibly
presented in the mass media as dangerous: guns, cars, liquor, butter,
knives, candy, perhaps even perfume. Every one of them is a potential
source of wealth waiting to be plundered. The strategy of the day is
to start with those perceived to have what might be called a drug war
style liability: once you start consuming their product, you can't
stop yourself. (Potato chip makers and peanut packagers beware.) If
you can murder a street dealer because the fruit of your loins was
too damned stupid to just say no, then why not liquidate an entire
industry?
And if, by maneuvering your hand-picked goons to render a verdict
utterly ridiculous on its face to everybody but the goonier goons in
the mass media, you can damage beyond repair the very notion of an
English-style jury vital to a free society in the process, so much
the better.
I sometimes entertain an intuition -- which I freely admit I can't
substantiate as yet -- that what we're really seeing is nothing more
than a turf war between the old cigar-pipe-cigarette crowd and a new,
aggressive band of pharmaceutical patch-gum-pill interlopers. Tobacco
companies versus drug companies, with the drug companies and their
pet state attorneys-general wielding the upper hand, at least for the
moment.
Americans will have their nicotine. The only question is, who
will be allowed to sell it to them and in what form? In a world where
consumers are compelled to needlessly spend billions on a new product
because Freon has been defamed and outlawed at the behest of its own
inventors and manufacturers (the patent ran out, you see), the idea
that drug companies are driving the war on tobacco isn't completely
crazy.
Whether I'm right or wrong about that, behind it all, socialists of
the Hillarist persuasion still strive for a system -- thoroughly
discredited by history and economics (as if something like that ever
made a difference) -- where there's no competition, no "wasteful
duplication of effort", and no product liability because everything
is produced (incompetently, it's true, but omelettes and eggs, you
know) by a government monopoly that can't be sued because it has
sovereign immunity.
The only defense that stands between the Khmer Pinque and this
loathsome wet-dream of theirs is the relatively new concept of Bill
of Rights enforcement. The Hillarists must be made to learn that
smoking is a Ninth Amendment right, as is the manufacture,
distribution, and sale of tobacco products. Anyone who violates these
rights, including state attorneys-general and tobacco liability
lawyers, deserves to contemplate the nature of his wrongdoing from
the inside of a concrete box, having first impoverished himself
paying restitution to those he victimized.
If we don't see to this, and right away, our kids will all wind up
with slave collars around their throats, swabbing out the Hillarists'
ashtrays.
L. Neil Smith is the publisher of The Libertarian Enterprise and the
author of 20 novels concerned with individual liberty. Since July 4th
he's been reminding people that he is not a candidate for
president, but "just a guy whose friends are trying to persuade him
to run".
Position Wanted
I am looking very seriously for a full-time position in a university,
teaching History or Politics. I have various qualifications,
including a PhD in History and Political Philosophy, and eight years
experience of lecturing in British and foreign universities. In one
of the university departments where I now teach part-time, I have
just been voted lecturer of the year for the second year running. I
currently live in London, but am willing to move -- and to move
anywhere in the world -- for the right job. I can supply excellent
references.
If any Subscriber to Free Life Commentary knows of a suitable
position, or will remember my name should one come up in the next few
months, I shall be grateful.
My book on job searching advises me to tell everyone I know that I am
looking for a job. Apparently, the mere act of spreading the news can
produce very encouraging results.
Dr. Sean Gabb
London
29th June 1999
E-mail: [email protected]
http://freespace.virgin.net/old.whig/
Mobile Number: 0956 472199
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