A JURY WILL DECIDE THE HISTORIC FIRST TEST OF 'FOOD DISPARAGEMENT LAWS' VERSUS THE FIRST AMENDMENT AND FREE SPEECH RIGHTS

Talk show host Oprah Winfrey and her guest Howard Lyman (Personal webpage) will be in U.S. District Court in Amarillo, Texas on Jan. 20th defending their free speech rights against a novel lawsuit brought by Texas cattlemen. The cattlemen allege that an April 16, 1996, Oprah Winfrey Show violated a new Texas law forbidding 'food disparagement' when it aired a discussion of human deaths from British mad cow disease and related risks in the United States.

The offending program was in fact a serious, balanced debate among representatives of the meat industry, government and consumers. To read what Oprah and her guests said, see PR Watch Volume 4, #2 which investigates industry censorship. It is on the world-wide web at PR Watch

A nationally coordinated PR and lobby campaign by the food industry has succeeded in enacting food disparagement laws in thirteen states. The Oprah Winfrey trial will be the crucial first test of the constitutionality of the new laws.

Critics note that food disparagement laws undermine first amendment rights by shifting the burden of proof to those who discuss or investigate food issues. The laws enable industry to sue or intimidate anyone who speaks or writes about mad cow disease, e.coli deaths, salmonella poisoning, genetically engineered crops and animals, growth hormones, antibiotic drugs, factory farming, pesticides, toxins in fertilizer and other agricultural controversies.

PR Watch editors John Stauber and Sheldon Rampton view food disparagement laws as a dangerous threat to public health, food safety, free speech, open debate and the public's right-to-know. If someone as popular and powerful as Oprah Winfrey can be muzzled by the meat industry, what chance do 'typical' citizens and journalists have to fully exercise their first amendment rights?

Stauber and Rampton are authors of the new book "Mad Cow U.S.A.: Could the Nightmare Happen Here?" which examines in depth: mad cow disease, the Oprah Winfrey case and food disparagement laws.

Webmaster's note:
To order "Mad Cow U.S.A." email to: stauber@compuserve.com