I agree with Mr. Marliave that freedom of speech should not hinge on the outcome of the latest advertising study. Whatever the impact of tobacco advertising, we have to keep in mind the crucial distinction between persuasion and coercion--a point I tried to make toward the end of my article.
Nevertheless, the public has been told over and over again that people smoke because of advertising, and I think it's worth pointing out how meager the evidence for that claim is. If advertising were as powerful as its critics suggest--overriding free will in a manner analogous to physical force--it should be possible to document that effect.
Starr Chamber
Virginia Postrel's editorial hit the nail on the head ("License to Grill," April). The man is hoist on his own liberal petard. The "Mondale law," enacted by demagoguing feminist sycophants, removed all normal criminal defenses for the accused (men) with respect to rape and sexual harassment allegations. It protected accusers (women) from any inquiry into their motives, sexual history, or record of false accusations. Clinton Democrats more recently endorsed and strengthened the provisions of this execrable bit of legal misandry. Consequently, when women accuse men of sexual assault or harassment, the presumption of innocence disappears, and the burden of proof devolves upon the accused.
The Men's Defense Association, of which I am president, regularly hears from men imprisoned on such charges who have no effective opportunity to defend themselves. There are literally thousands of them across the country. Unfortunately, they don't have Clinton's resources with which to escape the preordained punishments.
Virginia Postrel's April editorial is by far the best explanation of the ins and outs of our independent counsel law I have read.
Tomas De Torquemada was one of history's first independent counsels. Authorized by the pope and by Ferdinand and Isabella in Spain, he was instrumental in the torture and death by immolation of more than 2,000 people. His charter was in many ways similar to that of today's independent counsel law.
Normally a state or local prosecutor is notified of a crime and then begins identifying potential perpetrators. He must use his resources economically and thus devotes his efforts to the more significant crimes. Yet an independent counsel is often in effect assigned a suspect to investigate rather than a crime to solve. With essentially unlimited resources he can keep investigating until he finally finds some "crime" committed by the suspect, regardless of its actual significance.
Using his unlimited resources against a person who likely has limited resources of his own, the prosecutor steamrollers any sense of proportion as he pursues his target. This also was Torquemada's approach, though the results were far more terminal for the religious "perpetrators."
We should eliminate the independent counsel statute. Then pass a new law that provides specific circumstances under which Congress is compelled to impeach the attorney general. That will motivate future attorneys general to do their duty so as to preclude another attorney general like Janet Reno who has so badly politicized our Justice Department. Knowing they can be impeached for ignoring the need for apolitical investigation and prosecution of crimes will provide motivation to do their duty.
William Dale Allen Sr.
Placentia, CA
I completely agree with Ms. Postrel's contention that the independent counsel statute is a destructive tool and the result of its use borders dangerously on the tyrannical. However, I disagree with her opinion that Clinton does not deserve his current round of legal troubles.
Putting all rhetoric aside, Clinton's misdeeds amount to impeachable offenses, as grounds for impeachment were understood by the Framers of our republic. Even the first lady, who now stands by her man, relied heavily upon the wisdom of our founders when she was clamoring for Nixon's impeachment in 1974.
At the very least, it would be ambitious to initiate impeachment proceedings against Bill Clinton using a contemporary understanding of the high crimes and misdemeanors provision found in Article II, Section 4, of the U.S. Constitution.
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