The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.
–Robert F. Kennedy, April 4, 1968
Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.
What should the surviving victims of gun-massacres do to seek redress?
And how can the relatives and friends of those who didn’t survive seek justice for those they loved?
Two things:
First, don’t count on politicians to support a ban on assault weapons.
Politicians–with rare exceptions–have only two goals:
- Get elected to office, and
- Stay in office.
And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.
On July 22–only two days after the Century 16 Theater slaughter in Aurora, Colorado–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.
“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm. And when you try and do it, you restrict our freedom.”
That presumably includes the freedom of would-be mass murderers to carry out their fantasies.
Second, those who survive such massacres–and the relatives and friends of those who don’t–should file wrongful death, class-action lawsuits against the NRA.
There is sound, legal precedent for this.
- For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
- The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
- Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
- Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
- From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
- In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
- Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
- The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
- In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
- The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.
The parallels with the NRA are obvious:
- For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people. People kill people.” With guns.
- The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
- The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
- The NRA has spent millions on political contributions to block gun-control legislation.
- The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
- The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
- The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
- Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Aurora–with casualties, and have thus badly strained the states’ public healthcare systems.
It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.
The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.
As with the cases first brought against tobacco companies, there will be losses. And the NRA will rejoice with each one.
But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.
And then the NRA–like the tobacco industry–will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.




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A LIE TOLD BY BULLIES
In History, Politics, Social commentary on April 16, 2013 at 12:05 amErnest Hemingway said it best: “Fascism is a lie told by bullies.”
And right-wing pundit Ann Coulter best illustrates the truth of this.
Let’s start at the beginning: On April 7, Martin Bashir, host of MSNBC’s Martin Bashir program, wondered if a personal experience were the only way to get Republicans to drop their threat to block a vote on the gun control legislation that Newtown families were begging them to vote on.
Martin Bashir
After all, United States Senator Rob Portman (R-Ohio) recently announced his two-year conversion to accepting same-sex marriage after his own son “came out’ as homosexual.
“Nobody is suggesting that the law should only be defined and developed by the victims of crime,” said Bashir. But also pointed out the overwhelming public support for universal background checks.
“Are these senators simply too frightened of the NRA to do the people’s bidding?” Bashir asked.
Rep. Elijah Cummings (D-Maryland) responded: “Martin, I never thought it would happen to me, but on a Friday at 12:00, it was 2 years ago, I got a call my nephew had been killed. Shot to death at 5:00 in the morning, and he’s dead at 21 years old.”
Cummings’ nephew, Christopher Cummings, was shot and killed in 2011 at his off-campus apartment in Norfolk, Virginia. His murder has not been solved.
“But Congressman,” Bashir said, “is that what needs to happen to move these senators to stop threatening a filibuster? Is that really what needs to happen? That you need to have a member of your family killed in order for you to do what the American people want you to do?”
“I hope not,” Cummings replied. “I don’t wish this pain on anybody.”
Of course, that was not how the exchange went down in Ann Coulter’s version.
Ann Coulter
In an April 10 column entitled “Liberals Go Crazy for the Mentally Ill,” Coulter offered this tem of a proposal:
“MSNBC’s Martin Bashir suggested that Republican senators need to have a member of their families killed for them to support the Democrats’ gun proposals. (Let’s start with Meghan McCain!)”
Needless to say, Meghan McCain–the daughter of Arizona United States Senator John McCain–was not amused.
“Apparently Ann Coulter made a joke about me being killed in a recent column,” McCain tweeted on April 11. “I should expect nothing less but disgusted regardless.”
And, in another Twitter posting, she wrote: “My father is a very famous politician. My family gets a lot of threats. Joking about me being killed really isn’t funny or appropriate.”
Meghan McCain
She and Coulter have been at odds ever since McCain dared to pen a column entitled, “My Beef With Ann Coulter” in 2009.
In that column–published in The Daily Beast–McCain wrote:
“It is no secret that being a Republican isn’t the most hip political stance a person can take right now….
“To make matters worse, certain individuals continue to perpetuate negative stereotypes about Republicans. Especially Republican women. Who do I feel is the biggest culprit? Ann Coulter.
“I straight up don’t understand this woman or her popularity. I find her offensive, radical, insulting, and confusing all at the same time….
“Coulter could be the poster woman for the most extreme side of the Republican Party…. Is she for real or not? Are some of her statements just gimmicks to gain publicity for her books or does she actually believe the things she says?
“Does she really believe all Jewish people should be ‘perfected’ and become Christians? And what was she thinking when she said Hillary Clinton was more conservative than my father during the [2008] election?”
The most effective way to hurt an enemy is to tell the truth about him. Or, as in this case, her.
It’s a “crime” that aggressive venom-spewers like Coulter can never forgive. And, like most bullies, she refused to accept any responsibility for her action.
“I was making a joke,” Coulter told Sean Hannity on his right-wing The Sean Hannity Show.
“For one thing … that heinous thing Martin Bashir said, nobody knew about that until I added a joke, which is known as hyperbole.”
Of course, Bashir had not called on anyone to kill the members of Republicans’ families–as Coulter had “jokingly” called upon others to kill McCain.
(It was Adolf Hitler who, in Mein Kampf, laid down guidelines for the successful use of propaganda–rules such as “The Big Lie”:
Adolf Hitler
“And thus in the primitive simplicity of their minds [people] more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods.”)
“You were being sarcastic,” said Hannity.
“I think the exclamation point made it clear,” Coulter said with a smile. “And the fact that everyone laughed when they read it.”
Thus, Fascists like Ann Coulter use the same tactics in the 21st century as Benito Mussolini and Adolf Hitler used in in the 20th century: Believe what we say or prepare to die.
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