Transcript: Thom Hartmann: The Big Picture: Does big tobacco have the RIGHT to lie? 17 August '11

Imagine there's an industry that sells a product that kills 1200 people every single day.

And that's not because 1200 people misuse the product - but because the product ACTUALLY causes death when it's used as directed.

Now imagine that this industry has been given free reign to sell their product for decades - killing more people around the nation every decade than have died in all our wars from the Revolutionary War in 1776 to World War II to Vietnam and Afghanistan - combined.

There's a lot of risk just in that.

But then they doubled down - when Congress asked the CEOs of the corporations that make up this industry to testify about just how destructive their product is - they lie right through their teeth.

You see, corporate law has evolved over the years to the point where there's virtually no risk to CEOs or stockholders, even when their company or product kills people - and even when they lie about it.

Rep. Ron Wyden: Do you believe nicotine is not addictive?

Mr. William Campbell: I believe nicotine is not addictive, yes.

Rep. Ron Wyden: Mr. Johnston?

Mr. James Johnston: Mr. Congressman, cigarettes and nicotine clearly do not meet the classic definition of addiction. There is no intoxication.

Mr. Joseph Taddeo: I don't believe that nicotine or our products are addictive.

Mr. Andrew Tisch: I believe that nicotine is not addictive.

Mr. Edward Horrigan: I believe that nicotine is not addictive.

Mr. Thomas Sandefur: I believe that nicotine is not addictive.

Mr. Donald Johnston: And I, too, believe that nicotine is not addictive.

That was in 1994 - and none of those millionaires you just saw lying to Congress has ever been charged with the crime of perjury - although you or I would probably go to jail for it, and Bill Clinton got impeached for perjury.

Congress cut them a pass back then, but when Democrats controlled the Congress in 2009, they did try to reduce the number of Americans big tobacco kills every year from the 430,000 or so a year to something lower.

The strategy was to force cigarette makers to warn people about what could happen to them if they continue smoking by putting one of these graphic images on their cigarette packs.

So what do the corporations who make up this industry do, now that the government is forcing them to at least be honest about their deadly product?

What do they do? Well, they took Mitt Romney's advice:

Corporations are people, my friend. Of course they are. Everything corporations earn ultimately goes to people. Where do you think it goes?

Of course! Corporations are people - and as people, they have the First Amendment right to free speech!

As in - the right to tell us that using their product will make us LOOK like the Marlboro Man - while leaving out the fact that smoking their product will actually make us DIE like the actual Marlboro Man did... from lung cancer.

The government can't stop you and me from lying - so why should it be able to stop corporations? hat's their logic.

Using that tortured reasoning - four of the five largest tobacco companies in the country are now suing the FDA over these graphic labels - and arguing that as people - tobacco corporations have the first Amendment right of free speech.

You see, you and I - as part of our right to free speech - also have the right to lie.

Ever said, "Yes, dear, you look great in that outfit" - when you didn't really mean it? Or, "I can't go to the party because I have to study"? When you didn't really have to study.

We all have the right to lie, except in a very few circumstances like when you're under oath.

And these corporations are now coming right out and saying that they have the same right of free speech to say - or not say - whatever they want about their product... including whether or not - or how - it can kill you.

Lorillard - the third largest cigarette-maker in the country - said that the FDA's new regulations are:

An unconstitutional way of forcing tobacco manufacturers to disseminate the government's anti-smoking message.

Considering that smoking - as I said - kills 1200 Americans a day - and costs the nation a fortune in healthcare costs and lost productivity - then it's actually really important for our government to adopt an "anti-smoking message."

Throughout our nation's history, there's always been an understanding that the government plays a role in protecting the consumer from corporate liars - from hucksters selling us a fake bill of goods - or advertising that their products will help us when in reality they poison us.

The Supreme Court has even backed up this principle saying that commercial speech - as in speech used by corporations to sell a product - is NOT protected by the First Amendment, since the Constitution clearly gives the government powers to regulate commerce.

But in recent years - the Supreme Court - now fully embracing the idea of corporate personhood - has expanded the free speech rights of corporations.

In the Citizens United decision last year - the high court ruled the government cannot restrict a corporation's right to free POLITICAL speech - opening the door for corporations to pollute the airwaves with lies about politicians they didn't like or to push laws or ballot initiatives or politicians that they do like.

So when this tobacco-versus-the-FDA case reaches the Supreme Court - then five right-wing justices will have an opportunity to expand a corporation's right to free COMMERCIAL speech as well - opening the door for corporations to brazenly or implicitly lie about the products they're selling.

Even though big tobacco has lost a friend in Congress - they may still have a lot of friends on the Supreme Court.

And should they prevail - and if corporations are granted complete free speech when it comes to advertising and packaging their products - as in the right to lie - then welcome to a Wild West economy - where consumers would have no idea what product will help them - or which product will kill them.

Pharmaceutical companies will now be allowed to advertise on the airwaves that their drug will cure depression - while leaving out the fact that a side-effect of the drug is instant death.

Or - car companies will now be able to tout how fast their new car model is - while leaving out the fact that the gas tank occasionally explodes.

Eventually - as most free market libertarians argue - the "invisible hand" will weed out those products that harm us - but only after a few hundred - or a few thousand - or a few million people die first.

That's why corporate personhood is a very dangerous idea.

And that's why it's crucial we fight back against this notion that corporations are people.

You can start by reading the best book on the topic, "Unequal Protection", by some guy who also does a radio and TV show.

It has the whole history of corporate personhood, from the Boston Tea Party to Citizen's United - and tells us what we can do about it.

And then go to Move to Amend - and support a constitutional amendment that once and for all says - corporations are NOT people.

Let's let ACTUAL people decide what products are safe - and not Big Tobacco CEOs.

That's The Big Picture.

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