Jefferson Review

"Your Liberty is Our Interest"

May 9, 2005

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Center for Individual Freedom Lunchtime Liberty Update




Freedom Line: Guest Commentary


The Collapse of Big Media: Starting Over
By Terry Eastland

Legal It's premature to write an obituary, but there's no question that America's news media -- the newspapers, newsmagazines, and television networks that people once turned to for all their news -- are experiencing what psychologists might call a major life passage. They've seen their audiences shrink, they've had to worry about vigorous new competitors, and they've suffered more than a few self-inflicted wounds -- scandals of their own making. They know that more and more people have lost confidence in what they do. To many Americans, today’s newspaper is irrelevant, and network news is as compelling as whatever is being offered over on the Home Shopping Network. Maybe less.

The First Amendment protects against government abridgment of the freedom of the press. But it doesn't guarantee that today's news media -- some would already say yesterday's -- will be tomorrow's. Though most existing news organizations will probably survive, few if any are likely to enjoy the prestige and clout they once did. So it's time to write, if not an obituary, then an account of their rise and decline and delicate prospects amid the "new media" of cable television, talk radio, and the blogosphere..

Read more now.


Confirmation Watch:
Senator Frist Takes Final Shot at Judicial Compromise
Table Now Set for Vote on Constitutional Option


Legal Last week, Senate Majority Leader Bill Frist offered a final compromise plan to end the partisan obstruction of the judicial confirmation process in the Senate once and for all. The plan would end filibusters of judicial nominations -- regardless of who is President or which party holds the majority in the Senate -- and requires that all nominees receive fair up-or-down votes on the Senate floor after up to 100 hours of guaranteed floor debate.

Frist bent over backwards to address both Democrat and Republican concerns with the judicial confirmation process over the last decade. Democrats have made unprecedented use of the filibuster to permanently block nominees who otherwise would be confirmed by a simple majority vote of all 100 Senators.

Read more now.

Send a personalized faxed letter to Senate Republicans urging them to support the Constitutional Option to END the filibusters against President Bush’s judicial nominees.


Energy: Guest Commentary
CAFE Standard Insanity
By Michael J. Lynch

Legal Oil exploration in Alaska's Artic National Wildlife Refuge has once again become possible, if not probable, after the U.S. House of Representatives recently passed a major energy bill. Environmentalists reacted by renewing their call for raising Corporate Average Fuel Economy (CAFE) standards in order to lower American consumption of oil and decrease fuel emissions. But CAFE has proven itself a failure.

The Energy Policy Conservation Act of 1975 established CAFE standards as a reaction to the oil embargo of 1973. CAFE requires auto manufacturers that sell cars or light trucks in the United States to meet fuel efficiency standards. Under current CAFE standards, a manufacturer's fleet of cars must get at least 27.5 miles per gallon (mpg) on average, while trucks must average at least 21 mpg. When the government finds a company violation of CAFE, the manufacturer must pay a fine of $5.50 per tenth of a mile per gallon under the target for each and every car or truck manufactured. Those fines add up, and European manufacturers regularly pay CAFE penalties ranging from $1 million to more than $20 million annually. The benefit of these strict standards, or so the argument goes, is that they force manufacturers to make more fuel-efficient cars, reducing American dependence on foreign oil and decreasing our consumption of gasoline.

Read more now.


U.N. Monitor:
WHO's Infantile Preoccupation with Baby Formula

Legal The human race is facing serious health challenges from HIV/AIDS, bird flu, SARS, and drug-defeating super bacteria to name only a few. So what will the World Health Organization (WHO) debate in two weeks at its annual assembly? A resolution attacking the use of baby formula, of course.

Surprised? Don't be. The WHO is a United Nations entity, so frittering away time, energy and resources addressing a less-than-critical issue is in its nature. And the WHO has been on an anti-formula crusade for more than two decades.

Read more now.


Your Turn -- Meeting Nonsense With Commonsense:
True Heroism: An Interview with the Spokesman for the Coalition to Salute America's Heroes

Legal CFIF Corporate Counsel and Senior Vice President Renee Giachino recently interviewed J.R. Martinez, a young American soldier injured in Iraq. Mr. Martinez now shares his story of heroism and patriotism to help other injured soldiers on behalf of a non-profit organization, the Coalition to Salute America's Heroes.

What follows are excerpts from the interview which was heard on the radio program "Your Turn -- Meeting Nonsense with Common Sense," aired on 1330 AM WEBY, Northwest Florida's Talk Radio.

Read more now.


CFIF History & Civics Quiz:
Question of the Week
Freedom Line
Which part of the U.S. Constitution mentions filibusters?

(a) Article I
(b) Article II
(c) Article III
(d) None of the Above

Get the correct answer now.


Jester's Courtroom: Tales Stranger Than Fiction
Featuring bizarre and sometimes humorous real life stories from the courtroom.
Trix Are for Lawyers

Jester's Courtroom A California mother is suing three breakfast cereal companies claiming they misled consumers by promoting reduced-sugar cereals.

Jennifer Hardee, of San Diego, filed a class-action lawsuit in late March against Kraft Food Inc., Kellogg USA Inc., and General Mills, alleging their low-sugar cereals are no more nutritious than the full-sugar counterparts. "The net effect to children is the same," said Hal Hewell, one of Hardee's lawyers. "There really is no net health benefit, but it appears to the parents buying the cereal that there is." Specifically, the lawsuit claims the cereal makers are liable for misleading packaging and advertising.

A spokeswoman for General Mills said that the company "never made specific health claims" for its reduced-sugar cereals. "Consumers wanted less sugar, so we gave them less sugar," she said, explaining the cereals are "clearly labeled with nutritional information."

But proper labeling isn't enough, according to Hardee's lawyers. "A lot of people, quite frankly, don't have the educational ability to make those decisions. They rely on the one-line ad," said Howard Rubinstein, another lawyer representing Hardee. The lawsuit seeks forfeiture of all the profits from the cereals in addition to an order stopping the companies from promoting the cereals as "low sugar."

Sources: Associated Press, San Diego Union-Tribune

Read more now.

Since many of these gems do not attain national attention, the Jester welcomes you to share with us your favorite wacky stories from a courtroom near you! Please be sure to provide the source. You may e-mail us at info@cfif.org.



Notable Quotes:
Quote of the Week

Notable Quotes Attorney Bruce Fein, on the High Constitutional Stakes of Not Overcoming the Partisan Obstruction of President Bush's Judicial Nominees:

"If the radical arguments defending judicial filibusters are accepted, the Constitution will be imperiled. The three branches will chronically clash and urgent unwritten constitutional rules will wither. The stakes thus transcend Senate confirmation of judicial nominees."

Get more Notable Quotes.

Do you have a notable quote you'd like to share with the Center, e-mail it to info@cfif.org. Be sure to provide us the source of the quote.


 

 


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