Business
States shush corporate critics
From factory farms to home foreclosures, state governments are helping hide corporate wrongdoing
Workers at the Perdue Farms Inc. processing plant prepare cleaned and gutted chickens for packaging at the plant in Accomac, Va. (Credit: AP/J. Scott Applewhite) You can’t be outraged by — or fight back against — what you don’t know. At least that seems to be the theory behind a spate of new government-backed efforts to help corporations prevent inconvenient information from ever reaching the public domain. In states across the country, as in Washington, D.C., lawmakers are helping companies keep secrets in everything from factory farming to fossil fuel exploration to home foreclosures.
In five states, for instance, so-called Ag Gag laws are now on the books. Iowa just passed legislation that “criminalizes investigative journalists and animal protection advocates who take entry-level jobs at factory farms in order to document the rampant food safety and animal welfare abuses within,” according to the Atlantic’s Cody Carlson.
The impetus for such laws is obvious: After a series of damning videos of factory farms abusing animals, Big Ag faced a consumer backlash. But rather than make its facilities more humane, it has opted to spend its cash on lobbyists and court cases aimed at preventing the public from ever seeing the atrocities in the first place. Accomplishing that means pioneering new legal theories that threaten to set dangerous new precedents curtailing some of the most basic First Amendment freedoms we take for granted.
Over in the world of energy, it’s much the same thing. Last month in Pennsylvania, the oil and gas industry successfully lobbied state legislators to ban physicians from telling patients what toxic fracking chemicals they may have been exposed to. As Mother Jones’ Kate Sheppard reports, “While companies must disclose the identity and amount of any chemicals used in fracking fluids to any health professional that requests that information … the new bill requires those health professionals to sign a confidentiality agreement stating that they will not disclose that information to anyone else — not even the person they’re trying to treat.”
At least doctors in Pennsylvania get to see some basic information about the industry’s toxic brew, which is more than health professionals in other states have been able to say in recent years. Indeed, in 2008, an emergency room nurse nearly died after being exposed to a company’s fracking chemicals and, according to High Country News, the company cited a trade secrets law in “refus(ing) to provide more specific information (about the chemicals) to the hospital once she fell ill.” That left her “intensive-care doctor to guess what to do as he tried to keep her alive.” This possibility still exists in states that still do not fully mandate disclosure of fracking chemicals.
In the housing sector, you probably assume you at least have a right to see relevant documents related to your imminent home foreclosure. After all, with that basic information, you might stand a chance of going to court and preventing a bank from illegally throwing you out of your home. Yet, if you live in Colorado, your assumption about being able to see such information would be wrong.
With details of the financial industry’s document shredding and robo-signing scandals still leaking out, the Denver Post reports that Republicans in the Legislature there voted down a bill simply “requiring that lenders prove their right to foreclose on a home.” That means Colorado remains the only state to “allow for a foreclosure without the lender first proving” it has the legal right to repossess a person’s domicile. With the GOP so successfully defeating the reform proposal in the face of public outrage at bank fraud, look for the financial industry to try to get state governments to set the same “no doc foreclosure” precedent all over the country.
Then there are corporate taxes, perhaps the most egregious area in which the government uses its power to shield politically significant information. As the Institute on Taxation and Economic Policy reports, “neither the SEC nor most state governments require corporations to release detailed information on their state corporate tax payments” — which deliberately makes it “hard to identify which corporations are not paying their fair share at the state level.” At the federal level, after corporate tax disclosure laws made it onto the books in the 19th and early 20th centuries, they were removed. Bloomberg News notes that the Financial Accounting Standards Board has the power to “make the income-tax returns of all companies with shares traded on U.S. stock markets available to the public,” but that it has refused — even in the wake of reports proving that many of the most profitable corporations are now paying no tax at all in America’s loophole-ridden tax system. The result is that the government empowers corporate management to prevent both companies’ shareholder-owners and the public at large from ever evaluating a firm’s tax compliance — or lack thereof.
Each of these examples — and the many others like them — are closely related to the concurrent corporate efforts to prevent labeling mandates. And as disparate as such examples may seem, they each prove that 21st-century capitalism and old-school Orwellian control are not polar opposites, as they are often portrayed. On the contrary, those two political forces now often coexist in a symbiotic relationship — one that uses state power to keep politically charged information hidden. The theory beneath the calculation is simple: Public ignorance equals corporate bliss.
With protest movements rising and the possibility of widespread social unrest a real possibility, we should expect that calculation to be more prevalent in our politics than ever.
David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
AT&T agrees to drop bid for T-Mobile
Government objections put an end to planned $39 billion acquisition
LOS ANGELES (AP) — AT&T Inc. said Monday that it is ending its $39 billion bid to buy T-Mobile USA after facing fierce government objections.
The cellphone giant said that the actions of the government to block the deal do not change the challenges of the wireless phone industry, which it says requires more airwaves, known as spectrum, to expand.
The deal would have solved that problem for a time, and without it, “customers will be harmed and needed investment will be stifled,” AT&T said in a statement.
Continue Reading CloseI hired the wrong person and she turned on me
She's gone now, thank God, but I can't get her out of my head
(Credit: Zach Trenholm/Salon) Dear Cary,
Three years ago, I hired what I thought to be a talented, kind and honest second in command at the magazine where I work. It turns out, I was only one-third right. While “Sally” was great at many parts of her job, she wasn’t honest and she wasn’t nice. She began sleeping with another person in my department (my work equal), and was dishonest about it, and would often say, “The art department feels this would work better this way,” when our entire organization knew these people were a couple. She’d undermine me at meetings with higher-ups, criticizing my ideas and interrupting me, and in meetings with me one-on-one, she’d burst into tears at the slightest disagreement or say, with a stern little look, “We’ll just agree to disagree.” It made any sort of discussion darn near impossible.
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Cary Tennis writes Salon's advice column, leads writing workshops and creative getaways, publishes books, writes an occasional newsletter and tweets as @carytennis.
- Send me a letter! Ask for advice! Letter writers please note: By sending a letter to advice@salon.com, you are giving Salon permission to publish it. Once you submit it, it may not be possible to rescind it. So be sure.
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Fox Business Network exec: Channel has too much Fox, not enough “business”
Rupert Murdoch's would-be CNBC-killer suffers in the ratings as it imitates its ultra-conservative sister network
(Credit: Salon) In 2007, Rupert Murdoch started the Fox Business Network to crush CNBC using the same tactics that Fox News used to surpass CNN: Make a louder, sexier, angrier, more right-wing populist product, and the old people who watch TV during the day will tune in. Except it didn’t really work with Fox Business.
CNBC averages 263,000 viewers during the workday, according to Nielsen. Fox Business tops off at 85,000 from 4:30 to 8 p.m., and that period includes daily shows hosted by Fox stars Lou Dobbs and Neil Cavuto. Fox Business executive vice president Kevin Magee had a great idea to finally turn things around, according to a memo Reuters obtained: Maybe focus more on business news?
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
No, I can’t edit your manuscript for free
I write about books for a living, so people think I'd love to critique their prose
(Credit: Zach Trenholm/Salon) Dear Cary,
I’m writing to you because you’re very nice and have a great deal of empathy, and I’m hoping you can tell me how to respond with empathy in a situation that’s causing me distress.
I write about books for a living. I have been working with, around and in books for over a decade. Hooray for my job; I feel very lucky. In the last six months, four people I know have approached me and asked for help with books they are writing. They want me to read and evaluate and edit their manuscripts. They want me to tell them where to send their manuscripts after I have made them publishable.
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Cary Tennis writes Salon's advice column, leads writing workshops and creative getaways, publishes books, writes an occasional newsletter and tweets as @carytennis.
- Send me a letter! Ask for advice! Letter writers please note: By sending a letter to advice@salon.com, you are giving Salon permission to publish it. Once you submit it, it may not be possible to rescind it. So be sure.
- Make a comment to Cary Tennis not for publication.
- Send a letter to Salon's editors not for publication.
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Who’s afraid of the AT&T merger?
American antitrust law is a relic of 19th century agrarian populism
Recently, during a visit to a national park, I found that I could not use my cellphone to communicate with the friend who had accompanied me. A park ranger was kind enough to explain that calls in the park could not be made by those of us who pay my particular private wireless carrier, but phones using the services of other companies worked. I used the park’s land line to call my friend, thinking grimly: This doesn’t happen in countries with national phone monopolies.
Now we are told that the merger of AT&T and T-Mobile would create a monopoly. I am tempted to favor any monopoly that allows all phones to work everywhere in the U.S. But I don’t want to talk about the details of that proposed merger. My subject is American antitrust law, which I have studied for years, in the hope of making sense of it. I finally gave up.
Continue Reading CloseMichael Lind’s new book, "Land of Promise: An Economic History of the United States", will be published in April and can be pre-ordered at Amazon.com. More Michael Lind.
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