{"id":13565,"date":"2018-01-01T09:59:39","date_gmt":"2018-01-01T15:59:39","guid":{"rendered":"http:\/\/huewhite.com\/umb\/?p=13565"},"modified":"2018-01-01T09:59:39","modified_gmt":"2018-01-01T15:59:39","slug":"getting-slapped","status":"publish","type":"post","link":"https:\/\/huewhite.com\/umb\/2018\/01\/01\/getting-slapped\/","title":{"rendered":"Getting SLAPPED"},"content":{"rendered":"<p>I&#8217;ve been meaning to mention this <a href=\"https:\/\/www.nytimes.com\/2017\/12\/04\/upshot\/health-research-lawsuits-chilling-effect.html\" target=\"_blank\" rel=\"noopener\">important article<\/a> in <em><strong>The New York Times<\/strong><\/em> from a few weeks ago by Aaron E. Carroll regarding the use of private sector mechanisms to protect the future profits of private sector corporations from the findings of science sector entities.<\/p>\n<p>That is, corporations whose products are found to be ineffective &#8211; or worse &#8211; suing scientific researchers for publishing findings that negatively impact the prospects of corporations&#8217; products:<\/p>\n<blockquote>\n<p class=\"Paragraph-paragraph--2eXNE elementStyles-paragraph--3EIcW elementStyles-toneNews--sRTft\">We have a dispiriting shortage of high-quality health research for many reasons, including the fact that it\u2019s expensive, difficult and time-intensive. But one reason is more insidious: Sometimes groups seek to intimidate and threaten scientists, scaring them off promising work.<\/p>\n<p class=\"Paragraph-paragraph--2eXNE elementStyles-paragraph--3EIcW elementStyles-toneNews--sRTft\">By the time I wrote about the\u00a0<a class=\"styles-link--1Tap3\" title=\"\" href=\"https:\/\/www.nytimes.com\/2016\/02\/09\/upshot\/what-the-science-says-about-long-term-damage-from-lead.html\" target=\"_blank\" rel=\"noopener noreferrer\">health effects of lead<\/a>\u00a0almost two years ago, few were questioning the science on this issue. But that has not always been the case. In the 1980s, various interests tried to suppress the\u00a0<a class=\"styles-link--1Tap3\" title=\"\" href=\"https:\/\/www.nytimes.com\/2017\/07\/27\/science\/herbert-needleman-dead-lead-poisoning-in-children.html\" target=\"_blank\" rel=\"noopener noreferrer\">work of Dr. Herbert Needleman and his colleagues<\/a>\u00a0on the effects of lead exposure. Not happy with Dr. Needleman\u2019s findings, the lead industry got both the federal Office for Scientific Integrity and the University of Pittsburgh to conduct intrusive investigations into his work and character. He was eventually vindicated \u2014 and his discoveries would go on to improve the lives of children all over the country \u2014 but it was a terrible experience for him.<\/p>\n<p class=\"Paragraph-paragraph--2eXNE elementStyles-paragraph--3EIcW elementStyles-toneNews--sRTft\">I often complain about a lack of solid evidence on\u00a0<a class=\"styles-link--1Tap3\" title=\"\" href=\"https:\/\/www.youtube.com\/watch?v=mh5mMm7IECU\" target=\"_blank\" rel=\"noopener noreferrer\">guns\u2019 relationship to public health<\/a>. There\u2019s a reason for that deficiency. In the 1990s, when health services researchers produced work on the\u00a0<a class=\"styles-link--1Tap3\" title=\"\" href=\"https:\/\/jamanetwork.com\/journals\/jama\/fullarticle\/1487470\" target=\"_blank\" rel=\"noopener noreferrer\">dangers posed by firearms<\/a>, those who disagreed with the results tried to have the National Center for Injury Prevention and Control shut down. They failed, but getting such work funded became nearly impossible after that.<\/p>\n<\/blockquote>\n<p>In case it&#8217;s not apparent, the problem here is that the goal of the researchers is <em>knowledge<\/em>, while the goal of the corporations is <em>profit<\/em>. These goals need not always clash, but they often do, and when the morality of the corporation &#8211; to the extent that it can have a morality &#8211; conforms to the popular, if incorrect, idea that profits <em>are all<\/em>, then there&#8217;s going to be problems.<\/p>\n<p>I view it as a problem of making truth a secondary item, which is always disappointing for me, and I think is a primary cause of many problems American society experiences.<\/p>\n<p>So what to do about it? Aaron mentions anti-SLAPP laws, but in at least one case &#8230;<\/p>\n<blockquote><p>But in Dr. Cohen\u2019s case, the court refused to give full weight to Massachusetts\u2019 anti-Slapp statute on the ground that dismissing the case would undermine the supplement company\u2019s constitutional right to a jury trial.<\/p><\/blockquote>\n<p>Perhaps rather than preventing lawsuits, they should impose a penalty on the entity bringing the lawsuit if it&#8217;s found to be specious, or if the entity does not show a sufficient loyalty to the idea of a proper scientific conclusion and its willingness to abandon a product which is ineffectual or may even result in harm to the consumer.<\/p>\n<p>I dunno. I can&#8217;t imagine that an effective law could really be constructed around such an idea, to be honest. It&#8217;s one thing to have an intuitive notion of a good law, and quite another to construct such a law that would withstand constitutional challenge. Part of the problem is the difficulty of constructing an objective definition of the various concepts involved, and along with that is the problem that society doesn&#8217;t really recognize our various sectors very well. You can see it a little bit, such as the tax-sheltered status of non-profit organizations, but it&#8217;s not well developed, and I have no idea how to develop it more thoroughly, even if I was in a position to do so.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I&#8217;ve been meaning to mention this important article in The New York Times from a few weeks ago by Aaron E. Carroll regarding the use of private sector mechanisms to protect the future profits of private sector corporations from the findings of science sector entities. That is, corporations whose products \u2026 <a class=\"continue-reading-link\" href=\"https:\/\/huewhite.com\/umb\/2018\/01\/01\/getting-slapped\/\"> Continue reading <span class=\"meta-nav\">&rarr; <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13565","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13565","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/comments?post=13565"}],"version-history":[{"count":2,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13565\/revisions"}],"predecessor-version":[{"id":13571,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13565\/revisions\/13571"}],"wp:attachment":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/media?parent=13565"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/categories?post=13565"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/tags?post=13565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}