Page 56 - Fall2010

All Thumbs Book Reviews

Global Censorship of Health Information there it is. The FDA officially considers itself
By Jonathan W. Emord above the law and the Constitution. It deems
Sentinel Press any court decision against it as irrelevant. The
censorship continues. Combine this hubris with
In 1993, two authors named Pearson and the FDA’s recently stated position that citizens
Shaw contacted Jonathan Emord, who was then have no right to consume or feed their children
vice-president of the Cato Institute, a non-profit, any particular food and no right to freedom of
non-partisan public policy research foundation contract and we have an instructive window into
in Washington, DC. They wanted Emord to the mindset of the FDA.
represent them in a legal battle involving First The FDA justifies this censorship in the
Amendment rights against the FDA. Their claim usual way—claiming they need to protect us
was that the FDA did not have the right to cen- from false statements. They know well how to
sor scientifically backed claims on supplement play the safety card over and over. Safety is a
labels. All parties involved understood that this mind-control catchword used to relieve the weak-
was going to be difficult, time-consuming, and minded of their freedom.
expensive. Pearson and Shaw considered the Emord gives us a first rate history of the
challenge worth the effort. They knew that if development of the First Amendment from its
we don’t have freedom of speech, we don’t have European roots to the adoption of the U. S.
freedom. Constitution. He provides extensive quotes from
Not very long after this meeting, Emord was George Mason, George Washington, Thomas
visited by a senior member of the Food and Drug Jefferson, James Madison and others. The debate
bar, who had impressive credentials and more over adding the Bill of Rights was not so much
than four decades of experience. He told Emord about whether Americans should be allowed to
that pursuing such a case could not possibly end have those rights but that they were already im-
well and would destroy Emord’s career. Emord plicit in the Constitution. The First Amendment
was impressed, but not in the way intended. If went beyond any previous historical precedent
his case really didn’t stand a chance, there was in granting full freedom of speech. The federal
no need for this pompous, high-ranking legal government was restricted from any type of cen-
expert to waste his time paying him a “courtesy sorship. The wiser men in the debate understood
call” when he could just as easily watch the train- that such freedom would quickly be lost if not
wreck from afar. Emord was more determined strongly protected. They were quickly proven
than ever to move forward. right when the Alien and Sedition Acts were
The case became known as Pearson vs. passed and the First Amendment was already
Safety is a Shalala. It was brought before the DC Circuit infringed.
mind-control Court and that court ruled in favor of Emord, Emord wraps up by suggesting we solve
catchword Pearson and Shaw. So much for the predictions this problem with more litigation, legislation,
used to of the pompous expert. and dismantling of corrupt power structures. I

The story, however, did not end there. In fact, especially like the last method. On the legislation
relieve the what followed is what I would consider the most option, Emord doesn’t discuss this but I would
weak-minded revealing aspect of the book. About a year after say that any legislation needs to have some
of their their court victory, Emord was told emphatically serious fangs. There is no reason to think the
by the FDA Chief Counsel’s office that “the FDA FDA will respect new laws any more than the
freedom. will never abide by the Pearson decision.” Well, Continued on page 58

56 Wise Traditions FALL 2010