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 violence 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 NRA to risk its wrath.
Consider Mitt Romney and President Barack Obama.
Both rushed to offer condolences to the surviving victims of the Aurora massacre. And both have steadfastly refused to even discuss gun control–let alone support a ban on the type of assault weapons used by James Holmes.
On July 22, 2012–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 survived the massacre–and the relatives and friends of those who didn’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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JFK: FIFTY YEARS AFTER DALLAS: PART ONE (OF TEN)
In Bureaucracy, History, Politics, Social commentary on August 15, 2013 at 11:16 amNovember 22, 2013, will mark the 50th anniversary of the assassination of President John Fitzgerald Kennedy.
It’s one of those infamous dates that its eyewitnesses will never forget–in a class with
Some have called the Kennedy adminsitration a golden era in American history.
A time when touch football, lively White House parties, stimulus to the arts and the antics of the President’s children became national obsessions.
Others have called the Kennedy Presidency a monument to the unchecked power of wealth and ambition. An administration staffed by young novices playing at statesmen, riddled with nepotism, and whose legacy includes the Bay of Pigs, the Vietnam war and the world’s first nuclear confrontation.
While Americans continue to disagree about the legacy of JFK, there is no disagreement that his Presidency came to a sudden and shocking end just two years, ten months and two days after it had all begun.
The opening days of the Kennedy Presidency raised hopes for a dramatic change in relations between the United States and the Soviet Union.
But detente was not possible then. The Russians had not yet experienced their coming agricultural problems and the setback in Cuba during the Missile Crisis. And the United States had not suffered reversals in Vietnam.
Kennedy’s first brush with international Communism came on April 17, 1961, with the invasion of Cuba at the Bay of Pigs. This operation had been planned and directed by the Central Intelligence Agency during the final months of the Presidency of Dwight D. Eisenhower.
About 1,400 Cuban exiles were to be landed on the island to overthrow the Communist government of Fidel Castro. They were supposed to head into the mountains–as Castro himself had done against the dictatorship of Fulgencio Batista in 1956–and raise the cry of revolution.
The U.S. Navy would supply transport after an American air strike had knocked out the Cuban air force. But the airstrike failed and Kennedy, under the pressure of world opinion, called off a second try.
Even so, the invasion went ahead. When the invaders surged onto the beaches, they found Castro’s army waiting for them. Many of the invaders were killed on the spot. Others were captured–to be ransomed by the United States in December, 1962, in return for medical supplies.
It was a major public relations setback for the newly-installed Kennedy administration, which has raised hopes for a change in American-Soviet relations.
Kennedy, trying to abort widespread criticism, publicly took the blame for the setback: “There’s an old saying that victory has a hundred fathers and defeat is an orphan. Further statements, detailed discussions, are not to conceal responsibility because I’m the responsible officer of the Government.”
The Bay of Pigs convinced Kennedy that he had been misled by the CIA and the Joint Chieifs of Staff. Out of this came his decision that, from now on, he would rely more heavily on the counsel of his brother, Robert, whom he had installed as Attorney General.
Another consequence of the failed Cuban invasion: It convinced Soviet Premier Nikita S. Khrushchev that Kennedy was weak.
Khrushchev told an associate that he could understand if Kennedy had not decided to invade Cuba. But once he did, Kennedy should have gone all the way and wiped out Castro.
Khrushchev attributed this to Kennedy’s youth, inexperience and timidity–and believed he could bully the President.
On June 4, 1961, Kennedy met with Khrushchev in Vienna to discuss world tensions. Khrushchev threatened to go to nuclear war over the American presence in West Berlin–the dividing line between Western Europe, protected by the United States, and Eastern Europe, controlled by the Soviet Union.
Kennedy, who prized rationality above all else, was shaken by Knhrushchev’s unexpected rage. Emerging from the conference, he told an associate: “It’s going to be a cold winter.”
Meanwhile, East Berliners felt the door was about to slam on their access to West Berlin, and a flood of 3,000 refugees daily poured into West Germany.
Khrushchev was clearly embarrassed at this clear showing of the unpopularity of the Communist regime. In August, he orderd that a concrete wall–backed up by barbed wire, searchlights and armed guards–be erected to seal off East Berlin.
That same year, when tensions mounted and a Soviet invasion of West Berlin seemed likely, Kennedy sent additional troops to the city in a massive demonstration of American will.
Two years later, in June, 1963, during a 10-day tour of Europe, Kennedy visited Berlin to deliver his “I am a Berlinner” speech to a frenzied crowd of thousands.
JFK adddresses crowds at the Berlin Wall
Standing within gunshot of the Berlin wall, he lashed out at the Soviet Union and praised the citizens of West Berlin for being “on the front lines of freedom” for more than 20 years.
“All free men, wherever they may live,” said Kennedy, “are citizens of Berlin. And therefore, as a free man, I take pride in the words, ‘Ich ben ein Berlinner.'”
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