[HN Gopher] J&J tried to get federal judge to block publication ...
       ___________________________________________________________________
        
       J&J tried to get federal judge to block publication of Reuters
       story
        
       Author : danboarder
       Score  : 376 points
       Date   : 2022-02-06 14:11 UTC (8 hours ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | j0ba wrote:
       | Absolutely deplorable they would do this. But I am still
       | extremely confident the vaccines are 100% and effective.
        
       | Arjuna wrote:
       | This sounds like a similar strategy taken straight out of the
       | _Hollywood Accounting [1]_ playbook:
       | 
       | "On Friday, Reuters reported that J&J secretly launched 'Project
       | Plato' last year to shift liability from about 38,000 pending
       | Baby Powder talc lawsuits to a newly created subsidiary, which
       | was then to be put into bankruptcy. By doing so, J&J could limit
       | its financial exposure to the lawsuits."
       | 
       | [1] https://en.m.wikipedia.org/wiki/Hollywood_accounting
        
         | tylersmith wrote:
         | It's a much more interesting trick imo, where Texas allows
         | "divisive mergers" that enable them to split liabilities off
         | into a separate entity. It's not clear to me what the intended
         | benefit of allowing this procedure is, other than this kind of
         | action.
        
           | mijoharas wrote:
           | Yeah, I'm trying to understand how this is allowed? It seems
           | like it's in incredibly bad faith. Can anyone explain how
           | this can happen?
           | 
           | Taking this to it's extreme, can't you just buy some property
           | so that you owe 1 million dollars, put that debt into it's
           | own company and then say "sorry, that company is bankrupt, I
           | can't pay".
           | 
           | Is that not what's happening here? I feel like I must be
           | missing something.
        
             | ccleve wrote:
             | Sometimes moving money in this manner can be construed as a
             | fraudulent transfer of funds.
             | https://en.m.wikipedia.org/wiki/Fraudulent_conveyance
        
             | haneefmubarak wrote:
             | IANAL, but IIRC from some reading on this a while back (I
             | could totally be wrong) you have to group the assets that
             | the debt is connected to in the new entity specifically to
             | prevent this. You also can't liquidate the asset connected
             | to the debt and then spin off the new entity while keeping
             | the money from the liquidation.
             | 
             | So I think the way that these rules play out WRT J&J would
             | be that they have to include all assets pertaining to their
             | baby powder / talc business into the new entity, along with
             | the amount of cash that is ordinarily used to operate the
             | business into the spin out. That way the spin out contains
             | what realistically constituted the talc business (net of
             | profits that have been taken or reallocate in the past), so
             | it can be held liable for any debts associated with the
             | same business.
             | 
             | EDIT: looks like in their case they're basically splitting
             | into two companies - one that does pharmaceuticals (drugs,
             | vaccines, etc) and the spinoff that does consumer products
             | (Listerine, shampoo, the baby powder / talc in question,
             | etc) with each part receiving relevant operating assets and
             | associated liabilities, but the pharma side (which will
             | retain the name) keeping the excess cash on hand and other
             | non-operating assets.
        
         | alistairSH wrote:
         | At least with Hollywood accounting, the subsidiary is usually
         | created up front. This reads like J&J created the subsidiary
         | after the fact, which IMO, shouldn't be allowed.
        
           | tedivm wrote:
           | It's also not uncommon to purchase an existing company, move
           | debt over to it, and then kill it off. Late stage capitalism
           | is an interesting phenomenon.
        
             | chinathrow wrote:
             | I wonder where the pitchforks are, by now.
             | 
             | https://www.politico.com/magazine/story/2014/06/the-
             | pitchfor...
        
               | sudosysgen wrote:
               | Things aren't quite bad enough yet. If the current
               | trajectory persists, maybe in 15-20 years?
        
             | wiml wrote:
             | It seems kind of optimistic or naive to call this _late-
             | stage_ capitalism. It can get a lot worse if you really
             | unfetter the capitalist machinery.
        
       | baybal2 wrote:
       | How talc causes cancer?
        
         | [deleted]
        
         | moltar wrote:
         | talc-based products contained asbestos and caused mesothelioma
         | and ovarian cancer
        
           | dekhn wrote:
           | I don't think anybody demonstrated beyond a reasonable doubt
           | that the vended product was the cause of ovarian cancer in
           | the plaintiffs.
        
             | Supermancho wrote:
             | European studies have already made studies around this[1].
             | J&J is simply trying to fight the same battle, again, in
             | the US.
             | 
             | [1]https://journals.lww.com/eurjcancerprev/Abstract/2018/05
             | 000/...).
        
             | UncleMeat wrote:
             | It's a civil suit. If Johnson and Johnson was so confident
             | that there was no harm caused by their products, why go
             | through all this trouble?
        
               | dekhn wrote:
               | because civil suits that find them guilty could make them
               | go out of business even if they did nothing wrong.
        
               | Supermancho wrote:
               | > because civil suits that find them guilty could make
               | them go out of business
               | 
               | That's hyperbole. Even if they were fined their market
               | cap, the company would survive.
        
               | quesera wrote:
               | > That's hyperbole. Even if they were fined their market
               | cap, the company would survive.
               | 
               | Really?
               | 
               | Market capitalization is, loosely, asset valuation plus X
               | years of projected future earnings.
               | 
               | If JNJ was fined their market cap of $451B, it would take
               | about 19.6 years of earnings to pay, assuming no declines
               | due to reputational damage from the judgement. (2021
               | earnings $23B, BTW up almost 40% from 2020!).
               | 
               | So call it 20 years, with 100% of earnings dedicated to
               | payment of the fine.
               | 
               | They could sell off assets (recent valuation $179B), but
               | a) that would diminish their earning potential over the
               | period, and b) even if they sold literally every owned
               | asset (reducing the company to nothing), it would only
               | reduce the fine restitution period from 20 years to 12
               | years. And since they'd be reduced to zero revenue and
               | earnings, it would take _infinitely many_ years to pay
               | off the remainder. Of course the company will have ceased
               | to exist at that point, satisfying GP 's prediction of
               | non-survival.
               | 
               | Or were you being hyperbolic?
        
             | ThunderSizzle wrote:
             | That's not the criteria required for a civil suit. That's
             | the criteria for a criminal case, which is prosecuted by
             | the DA.
        
             | hedora wrote:
             | The same has been said about nuclear meltdowns and toxic
             | waste leaks.
             | 
             | Sure, the baseline rate for this rare cancer is 1 in
             | 10,000,000, and it's 1 in 10 in this town of 1000 people,
             | but it's _possible_ the plaintiff would have gotten it
             | anyway.
        
               | s1artibartfast wrote:
               | Now can you provide the baseline rate and comparison for
               | talc?
        
             | afthonos wrote:
             | Since none of this is about criminal proceedings in the US,
             | "beyond a reasonable doubt" is a meaningless (quite
             | literally; what do you mean?) standard.
        
               | dekhn wrote:
               | I know what the various standards are for cases but
               | that's not the point. In this case, "preponderance of
               | evidence".
               | 
               | Let's turn what you said around.
               | 
               | In a civil case, a jury can find a defendent guilty of
               | something, but with inadequate evidence. This can lead to
               | enormous fines, and potentially even make a large company
               | go bankrupt. One imagines that if you're going to find
               | somebody guilty, they actually have to be guilty. How
               | does that look? Scientific studies. And scientific
               | studies don't exist that show that people who consumed
               | J*J talc got cancer at elevated rates with a significance
               | level that meets any judicial standard.
               | 
               | So basically, what you are saying (which is true, and is
               | exactly what bothers me) is that court cases can find a
               | defendent guilty using a lack of scientific evidence, as
               | long as the jury believes what was shown to them is a
               | preponderance. That could just be erin brockovich walking
               | around in court saying hexavalent chromium causes cancer
               | (again, not enough data to conclude this).
               | 
               | here's the CA case.
               | https://www.courts.ca.gov/opinions/documents/A159609.PDF
               | """ While none of this is disputed, whether asbestos was
               | present in JBP during the six-decade exposure period is a
               | matter of sharp dispute.
               | 
               | As further explained below, the trial court ruled that
               | Dr. Compton's and Dr. Fitzgerald's declarations, to the
               | extent they infer the presence of asbestos in milled,
               | finished talcum powder from nothing more than positive
               | tests for asbestos in raw talc ore used to manufacture
               | it, are legally insufficient to create a triable issue of
               | fact under applicable principles of causation
        
         | daniel_reetz wrote:
         | Talc is often contaminated with asbestos, which is a
         | carcinogen.
        
           | ILMostro7 wrote:
           | Assuming that this got down-voted because it says
           | "contaminated", whereas the other posts here suggest that
           | it's often used intentionally--or at least with indifference
           | --as an ingredient.
        
             | s1artibartfast wrote:
             | It is downvoted because both statements are coming from a
             | place of ignorance. Asbestos is neither a common
             | contaminant or intentional additive.
             | 
             | There have been disputed allegations that contamination
             | could have occurred and resulted in cancer.
        
             | dekhn wrote:
             | No. Raw mined talc is processed to remove asbestos when
             | used to baby powder. It is exceptionally unlikely that a
             | large company would be explicitly aware of that and not
             | modify their process (although not completely
             | unprecedented).
        
         | slobotron wrote:
         | Presumably when inhaled, since the lawsuit talks about talc
         | containing asbestos.
        
           | aaronchall wrote:
           | Asbestos is an extremely stable mineral fiber and sharp like
           | glass. If you get it on your skin it may penetrate but it
           | will eventually probably slough off. If it gets in your
           | lungs, it has nowhere to go and can continue damaging tissue
           | for the rest of your life. Similarly, if it gets inside your
           | body through other routes, it has nowhere to go. The lawsuit
           | is about the product being marketed for feminine hygiene.
           | 
           | Presumably if women put it on their privates every day, and
           | it contains asbestos fibers, they will eventually have enough
           | asbestos migrate internally to cause cancer, for example, in
           | their ovaries - just like asbestos causes lung cancer when
           | inhaled.
        
         | hedora wrote:
         | In addition to often containing asbestos, pure talc can cause
         | cancer by getting stuck where it shouldn't and causing chronic
         | irritation, etc. The most common issue is ovarian cancer, and
         | talc used to be widely marketed for feminine hygiene.
        
           | tedivm wrote:
           | It's still used by parents in diapers, despite that being a
           | huge cancer risk.
        
             | killjoywashere wrote:
             | As a father, and as a pathologist who has seen talc in
             | ovarian cancers (under the microscope it is visible with
             | polarizers), talc should be taken off the shelves. It's
             | used on babies but also young women use it trying to cope
             | with their fears of odor and moisture (whether or not there
             | is an odor or moisture, let alone the conversation of
             | whether those concerns themselves were manufactured). The
             | ads are like tobacco ads:
             | https://www.reuters.com/investigates/special-
             | report/johnsona....
        
         | mateo1 wrote:
         | If you inhale it or put it in your vagina. Talcum might contain
         | asbestos fibers, caution must be taken for it to be practically
         | asbestos-free and women should be warned, but starch is not a
         | damn replacement for it.
        
           | tedivm wrote:
           | To be clear, even without asbestos talcum powder can cause
           | cancer in women. It also doesn't have to be put directly in a
           | vagina- using it in diapers for children is enough to cause
           | some to potentially migrate in. A study in New England linked
           | the increased cancer risk to inflammation caused by the
           | talcum powder itself.
        
         | hmottestad wrote:
         | "Asbestos is also a naturally occurring silicate mineral, but
         | with a different crystal structure. Both talc and asbestos are
         | naturally occurring minerals that may be found in close
         | proximity in the earth."
         | 
         | https://www.fda.gov/cosmetics/cosmetic-ingredients/talc
        
       | hedora wrote:
       | It's interesting how effectively the J&J PR department keeps
       | steering these lawsuits back to talc that is contaminated with
       | asbestos, even though they're well aware that uncontaminated talc
       | also causes cancer.
       | 
       | A while back, I read that J&J has access to special
       | uncontaminated talc mines.
        
         | pas wrote:
         | > uncontaminated talc also causes cancer.
         | 
         | Can you please point to the claim, data, evidence for this? :o
        
       | dade_ wrote:
       | I think it was nearly a decade ago and I made an offhand comment
       | to a friend about baby powder causing cancer. He didn't believe
       | me as the idea seemed absurd, but his aunt worked at J&J and he
       | texted her, she responded with a canned legal response. He was
       | shocked and couldn't believe this could be kept under wraps.
        
         | s1artibartfast wrote:
         | I'm not sure what this proves or implies. It has been a hot
         | topic of legal dispute for a long time.
        
       | [deleted]
        
       | azinman2 wrote:
       | So if a company like J&J has asbestos in their talc powder, what
       | does one use instead?
        
         | hedora wrote:
         | Not talc. Pure talc is also a carcinogen. It causes ovarian
         | cancer.
         | 
         | Pediatricians / dermatologists often recommend aquaphor these
         | days. You can also get diaper rash cream, which is similar, but
         | is opaque white and contains zinc.
        
           | eMSF wrote:
           | > Pure talc is also a carcinogen
           | 
           | [citation needed]
        
             | bell-cot wrote:
             | https://en.wikipedia.org/wiki/Talc#Safety
             | 
             | (Studies cited there don't _quite_ prove that asbestos-free
             | talc is carcinogenic...but the evidence is damning enough
             | that no well-informed consumer would actually use talc.
             | Even if they somehow had access to guaranteed-0.00000%
             | asbestos talc.)
             | 
             | Also rather concerning - talc is GRAS by the FDA when used
             | as an anti-caking agent in table salt at concentrations
             | below 2%.
        
       | briandear wrote:
       | Former Reuters COO is on the board of Pfizer. J&J is a vaccine
       | competitor of Pfizer. To a reasonable person, this might be
       | something of interest.
        
         | resoluteteeth wrote:
         | That seems like an extreme stretch unless you have have some
         | reason to think that Reuters wouldn't have normally reported
         | something like this and the COO intervened or something like
         | that.
        
       | sethammons wrote:
       | Is there an article actually linked? All I see is the footer for
       | more from routers...
        
         | capableweb wrote:
         | Yes, in the opening sentence:
         | 
         | > Johnson & Johnson tried to get a U.S. judge to block Reuters
         | from publishing a story
         | 
         | Story: https://www.reuters.com/business/healthcare-
         | pharmaceuticals/...
         | 
         | Summary:
         | 
         | > J&J's covert 'Project Plato' team crafted strategy to
         | redirect cancer plaintiffs out of trial courts and into
         | bankruptcy process
         | 
         | > J&J documents show how it planned 'Texas two-step' maneuver
         | to limit payouts for talc claims
         | 
         | > J&J executive asked whether maneuver would affect company's
         | credit rating, documents show
         | 
         | > U.S. judge to weigh whether bankruptcy was filed in bad faith
         | 
         | > Company lawyer warned the team (Project Plato): Tell no one,
         | not even your spouse. "It is critical that any activities
         | related to Project Plato, including the mere fact the project
         | exists, be kept in strict confidence," Chris Andrew, a J&J
         | lawyer, wrote in an internal memo reviewed by Reuters.
        
           | nunez wrote:
           | This is absolutely infuriating, and I'm glad Reuters was able
           | to publish this.
        
         | samwillis wrote:
         | It's strange, it's crashing Safari on iOS:
         | 
         | Mirror here: https://archive.ph/vfOkX
        
           | scottshea wrote:
           | Chrome on Android as well
        
             | Miner49er wrote:
             | Firefox on Android as well.
        
           | ripdog wrote:
           | How on earth is this page killing all 3 mobile rendering
           | engines?! I literally can't view the page on my phone.
        
             | autoexec wrote:
             | Who needs an injunction from the courts to stop people from
             | reading an article when news sites will do it to themselves
             | with tons of completely unnecessary poorly written
             | javascript
        
             | jeroenhd wrote:
             | I have no problems opening this on my phone (Firefox,
             | Chrome, Bromite), so it's probably not something inherent
             | to the rendering engine itself.
             | 
             | It could be that my ad blocking or privacy settings are
             | interfering with whatever is causing these crashes. Perhaps
             | a piece of malvertising is being distributed through the
             | website?
        
             | jet_32951 wrote:
             | Link sent Chromium-based Vanadium to some sort of catch-all
             | Reuters site instead of crashing as it did with Bromite.
             | First time I recall having seen such a wack behavior.
        
             | denysvitali wrote:
             | Same here. Wtf. Are they mining bitcoins when you open the
             | page?
        
         | wglb wrote:
         | There is a link in the first paragraph to the story:
         | https://www.reuters.com/business/healthcare-pharmaceuticals/...
        
         | molyss wrote:
         | https://www.reuters.com/business/healthcare-pharmaceuticals/...
        
       | hanselot wrote:
        
       | grapescheesee wrote:
       | I have seen several people talk personally about why they do not
       | trust the vaccine from Johnson and Johnson on HN over the last
       | year in various comments. Overwhelmingly they were attacked when
       | they spoke on the cancer link with talc powder.
       | 
       | Regardless of the direct correlation or none at all to the
       | 'contaminated' talc they were selling as a product with baby in
       | the name, and it verifiable contained asbestos. I think the
       | manner they public conduct themselves speaks volumes about how
       | and where they generate wealth.
        
         | tasha0663 wrote:
         | > Overwhelmingly they were attacked when they spoke on the
         | cancer link with talc powder.
         | 
         | As well they should be. Feeding vaccine FUD over an unrelated
         | incident is dangerous at a time when trust in our institutions
         | is so vital.
        
           | grapescheesee wrote:
           | It is interesting how the prior comment you made was flagged
           | and is dead. It does not share this direct stance.
           | 
           | I agree, trust in our institutions is a vital necessity, and
           | it is very easy to lose and hard to gain. This can't be seen
           | as unrelated since it shows the dictates of the company and
           | the the level of coverup and legal maneuvering they use.
           | 
           | The only reason anyone was paid from the lawsuit with talc
           | and asbestos contamination within the US, was because it does
           | not fall under the National Vaccine Injury Compensation
           | Program. A legal vaccine indemnification program paid for by
           | US citizens.
           | 
           | It would be hard for anyone to honestly trust in something
           | they have no legal recourse in dealing with.
        
             | encryptluks2 wrote:
             | Which is why the government getting rid of the liability
             | shield for vaccine manufacturers would have been the
             | smartest and most reasonable action they could have taken
             | to increase percentage of vaccinated population if it was
             | really about public health.
        
             | briandear wrote:
             | If you are vaccine-injured, what is the remedy? You can't
             | sue. What is the incentive for pharma to ensure a safe
             | product if taxpayers are the ones holding the liability?
        
           | ccn0p wrote:
           | Unrelated? Trust is _earned_. Companies are big, but senior
           | leadership teams and boards are pretty small and wield an
           | enormous amount of influence and power and since we can 't
           | predict future actions we can only look backwards. Not
           | allowing people to speak out could end up being more
           | dangerous in the long run.
        
             | jet_32951 wrote:
             | It was J&J whose reaction to the poisoning of Tylenol is
             | taught as a PR masterstroke in B-school. Apparently they
             | didn't integrate the lesson.
        
           | octopoc wrote:
           | J&J has a history of giving common people cancer for profit,
           | and you think it's somehow the common people's fault for not
           | trusting J&J? That is some pretty sick victim blaming there.
        
             | encryptluks2 wrote:
             | Can you really blame the people that are spoon fed fearporn
             | from the media everyday and in a constant state of
             | stockholm syndrome, while also being led to believe we live
             | in a two-party state (right vs left), from picking a side?
             | They are victims too but just don't know it yet.
        
               | addajones wrote:
               | I agree with you on this. People can also choose not to
               | be spoon-fed fearporn from the media though...
        
               | encryptluks2 wrote:
               | That would require thinking for themselves. That requires
               | say too much effort for most people, especially when they
               | work at 9-5 doing useless work and want to shut off part
               | of their brain to survive in this thing we call society.
        
         | errcorrectcode wrote:
         | In the US EUAs at the beginning, for me, it was 95% the
         | technology and 5% the manufacturer convinced me mRNA vaccines
         | were superior because of their precisely-targeted nature. It
         | was a gamble between Pfizer and Moderna. Went with Moderna for
         | the first 2 (before the data on "mix-and-match") and Pfizer
         | booster.
         | 
         | Btw, sequencing of both mRNA vaccines:
         | 
         | https://github.com/NAalytics/Assemblies-of-putative-SARS-CoV...
        
         | ciphol wrote:
         | Luckily, you don't have to trust the pharmaceutical companies
         | any more. You just have to look at the outcomes of literally
         | billions of people who have been vaccinated, and see how much
         | better those outcomes are on average compared to unvaccinated
         | people:
         | 
         | https://ourworldindata.org/covid-deaths-by-vaccination
        
         | briandear wrote:
         | Some of us don't trust Pfizer either. Considering their track
         | record of research fraud. (This is documented, it isn't some
         | conspiracy theory.)
        
         | tasha0663 wrote:
        
         | shitpost wrote:
        
         | Covzire wrote:
        
         | [deleted]
        
       | bsedlm wrote:
       | what's interesting is that they think to get a judge to do this,
       | as in they consider it a viable strategy that may work. (which
       | means it has worked before)
        
         | bryanrasmussen wrote:
         | I mean someone must try a strategy the first time only hoping
         | it will work, but it does seem suspicious as I wouldn't think
         | of J&J as particularly innovative or daring.
        
       | ismail wrote:
       | Are we surprised when people invent far fetched conspiracies (i.e
       | COVID 5G)? This is a symptom of a much larger problem we have in
       | society. Morally bankrupt leadership and ethically questionable
       | companies. J&J is right up there.
        
       | Geeek wrote:
       | I remember reading this Axios[1] article and fuming at the fact
       | that this is a legal and socially acceptable outcome to this
       | saga. Glad this is getting a deeper look from news organizations.
       | 
       | [1]https://www.axios.com/johnson-johnson-texas-baby-powder-
       | gamb...
        
       | dukeofdoom wrote:
       | Pharma companies get away with way too much. No other industry
       | could you sell products that only slightly work as advertised for
       | some people, some of the time. But charge everyone same, with no
       | refunds when the product doesn't work. And you can't even sue if
       | it causes you harm.
       | 
       | The new development to use the power of the courts and government
       | to mandate their use should give you pause.
       | 
       | The absolute risk reduction (ARR) for the covid Vaccine is
       | something like 1%. And that was before Omicron.
       | 
       | https://www.thelancet.com/journals/lanmic/article/PIIS2666-5...
        
         | mpyne wrote:
         | > No other industry could you sell products that only slightly
         | work as advertised for some people
         | 
         | Gambling? Options trading? Do you get refunds from your weed
         | dealer when it doesn't hit quite right?
         | 
         | > And you can't even sue if it causes you harm.
         | 
         | You can, it's just that you get damages paid by the Federal
         | government, not the manufacturer. You also can't sue if the
         | military fails to defend a U.S. city from attack, for what it's
         | worth.
        
           | dukeofdoom wrote:
           | All the profits to them, all the risk to us. I'm sure Pharma
           | companies are loving that arrangement.
           | 
           | It's much easier to bribe a politician than make a new
           | product that actually works when development costs hundreds
           | of millions. We don't want politicians to turn pill pushers
           | with kickback schemes for things that barely work.
           | 
           | How does the saying go ... "Don't invite the devil in"
        
             | mpyne wrote:
             | > All the profits to them, all the risk to us. I'm sure
             | Pharma companies are loving that arrangement.
             | 
             | That's how it works everywhere in public policy, which is
             | the only area where you can't directly sue Pharma companies
             | (i.e. when the government makes a vaccine series part of
             | the childhood vaccination series or part of a pandemic
             | response regimen). But at that point the party directing
             | you to take the vaccine isn't the Pharma company or
             | companies, it's the Federal government, so they are
             | properly the ones that should be counter-party to a suit in
             | any event.
             | 
             | > It's much easier to bribe a politician than make a new
             | product that actually works when development costs hundreds
             | of millions.
             | 
             | You say that as if it proves your case, and yet we can see
             | from data that is obvious even to the untrained eye that
             | the product you're complaining about 'actually works'.
        
               | dukeofdoom wrote:
               | That depends on the definition of 'actually works' and
               | vaccine. Both which need redefining in the new scheme.
               | 
               | Personally I'll grant that wearing gloves helps prevent
               | frostbite. But I wouldn't make people in Hawaii wear
               | them.
               | 
               | I think you have to look at the groups most at risk and
               | it turns out its really old people with multiple
               | morbidity either already in hospital near death or coming
               | in from nursing homes.
               | 
               | I just don't see how showing some statical benefit to
               | that group translates to general healthy much younger
               | population.
               | 
               | And even than, I think you could show a statistical
               | benefit to giving two doses of a laxative in fighting
               | covid in 80+ year olds, if all you counted was the health
               | outcomes in the stronger surviving subpopulation that
               | survived the laxative two weeks later.
               | 
               | I've taken enough statistics at university to know I can
               | safely ignore anything that isn't a double blind study.
               | 
               | So lets just say it's debatable.
        
               | jeromegv wrote:
               | Hospital rate of unvax vs vaccinated population is easily
               | verifiable, as previous poster said, the vaccine works,
               | everywhere. The data is there. And it's not just for 80+.
               | It's been seen in many jurisdictions across the world.
               | The fact that you willingly ignore this data shows that
               | you are trying to blind yourself on purpose.
        
         | rajin444 wrote:
         | > The absolute risk reduction (ARR) for the covid Vaccine is
         | something like 1%
         | 
         | I'd imagine this value is much higher if you're old, fat,
         | and/or have relevant comorbidities. This also means the value
         | is much lower for nearly everyone else.
         | 
         | Which is what makes the mandates so head scratching. There's
         | some handwaving about reducing transmission but the real world
         | evidence for that is pretty shaky.
        
         | shadowgovt wrote:
         | There's a reason the US has an FDA. What we're seeing here is
         | with standards in place... Imagine the landscape with no
         | standards or regulation.
         | 
         | ... Or, hell, we don't even have to imagine, because we've been
         | watching people actively try and dodge the regulations to treat
         | a virus with livestock de-wormer because some influential
         | people suggested it would work.
        
           | dukeofdoom wrote:
        
             | shadowgovt wrote:
             | There were early studies, yes. Subsequent studies suggested
             | no. "Having promise" isn't enough for something with side-
             | effects like Ivermectin, which is why the FDA didn't clear
             | it for this use.
             | 
             | https://www.fda.gov/consumers/consumer-updates/why-you-
             | shoul...
        
               | dukeofdoom wrote:
               | That's interesting that you mention side effects, because
               | I've heard it represented as being one of the safest
               | medicines ever made. Can you back that up with some
               | proof...Vaers reports?
               | 
               | CDC is US based. I have read before that it was approved
               | for use in Japan for treatment. So there must be some
               | disagreement between health agencies on it's
               | effectiveness.
        
               | shadowgovt wrote:
               | > VAERS reports?
               | 
               | ... Aren't proof. VAERS is data collection, not analysis.
               | It's a giant anecdote database. There is no vetting on
               | the input data, which is self-reported.
               | 
               | There is a VAERS entry describing someone being turned
               | into the Incredible Hulk after taking MMR vaccine.
               | 
               | https://www.medalerts.org/vaersdb/findfield.php?IDNUMBER=
               | 221...
               | 
               | Fortunately, there are tests and analytics on the side-
               | effects of Ivermectin that don't rely on VAERS. You can
               | find most of them listed in the FDA front-matter for the
               | drug, because it was approved for _other_ uses besides
               | COVID. The approval process includes grasping side-
               | effects.
               | 
               | The US decided, ages ago, that "snake-oil" (unproven
               | drugs with side-effects) were something the government
               | would step in and stop because people suffering and dying
               | are desperate and easily-cheated. Other nations have
               | different histories.
               | 
               | (... Regarding Japan, I'd double check primary sources.
               | https://www.newswise.com/articles/misleading-reuters-
               | article...)
        
         | tyrfing wrote:
         | Only a certain percent of people enjoy themselves on
         | rollercoasters. Therefore, charging everyone for entry is a
         | scam.
         | 
         | > And you can't even sue if it causes you harm.
         | 
         | There are 38,200 pending lawsuits against J&J solely for talc
         | powder claims. A single one of them was $2.5 billion.
        
           | xdennis wrote:
           | You can't compare roller coasters to pharmaceuticals because
           | enjoyment is subjective, but medicine isn't.
        
           | nunez wrote:
           | A single one of them _that included 22 women in the suit_
        
           | encryptluks2 wrote:
           | Vaccines have a liability shield. Your only restitution is
           | filing a claim with the NVICP, which is like applying for
           | social security. They'll deny you as long as they can and
           | then give you the bare minimum once approved, but no where
           | near the amount that was taken from you and often not enough
           | to even survive.
        
       | adamrezich wrote:
       | can 2022 be the year we go back to being distrustful of
       | multinational for-profit pharmaceutical corporations please
        
         | toiletfuneral wrote:
        
         | mpyne wrote:
         | Indeed, you can never tell what those companies put in their
         | Ivermectin and HCQ tablets these days.
        
           | finnx wrote:
           | Both (IVM/HCQ) are not patented so there is no reason to
           | depend or trust on multinational pharmaceutical companies.
           | 
           | You can access interactive meta analysis of 310 studies for
           | HCQ[1] and 78 studies for ivermectin[2] below, it gets
           | updated when new studies published. They also keep track of
           | other treatments (in total 480[3]). But unfortunately only
           | some of those treatments get media coverage like
           | cannabidiol[4] even when they are neither the best performers
           | nor best studied.
           | 
           | [1]: https://hcqmeta.com/ [2]: https://ivmmeta.com/ [3]:
           | https://c19early.com/ [4]: https://c19early.com/cbdmeta.html
        
             | azinman2 wrote:
             | https://astralcodexten.substack.com/p/ivermectin-much-
             | more-t...
        
               | mpyne wrote:
               | This is a great post but I should note it crashed Chrome
               | for me and made Firefox very sluggish. Just from the raw
               | amount of content alone.
               | 
               | Definitely keep reading until you get to the "Worms" part
               | of "The Analysis", which I think puts a pretty plausible
               | explanation for why so many reputable studies show
               | Ivermectin working against COVID as well as they did.
        
             | pessimizer wrote:
             | Lots of things aren't patented that are exclusively
             | produced by multinational pharmaceutical companies.
        
           | Mountain_Skies wrote:
           | Very little profit, that's for sure.
        
       | errcorrectcode wrote:
       | Wow. A prior restraint injunction would be kinda unconstitutional
       | for going against the 1st a.
       | 
       | National security is the primary injunctive exception, which can
       | be avoided by handing documents to something like WikiLeaks.
       | 
       | I guess JNJ's lawyers were desperate and so took a gamble on
       | maneuvering without considering the optics.
        
       | legalcorrection wrote:
       | So either 1) the lawyers ripped off J&J by spending time on this
       | or 2) J&J management was so angry and irrational that they
       | demanded the lawyers waste their time on this.
       | 
       | Every lawyer worth their salt in America knows that you can't get
       | an injunction to prevent someone from publishing something.
       | That's a prior restraint and is about as close as you can get to
       | something absolutely forbidden under American law.
        
         | cmeacham98 wrote:
         | > Every lawyer worth their salt in America knows that you can't
         | get an injunction to prevent someone from publishing something.
         | 
         | You can if you are the government:
         | https://en.wikipedia.org/wiki/Gag_order#United_States
        
           | mdoms wrote:
           | Is J&J the government?
        
             | addajones wrote:
        
             | cmeacham98 wrote:
             | No, they aren't. I was disputing GP's generalized claim
             | that preventing publishing is "about as close as you can
             | get to something absolutely forbidden under American law",
             | not this specific case.
        
         | Dwelve wrote:
         | Why not both?
        
         | HWR_14 wrote:
         | > Every lawyer worth their salt in America knows that you can't
         | get an injunction to prevent someone from publishing something.
         | That's a prior restraint and is about as close as you can get
         | to something absolutely forbidden under American law.
         | 
         | A lot of contracts people sign (NDAs and federal security
         | clearance paperwork being the two examples that spring to mind)
         | include clauses allowing a judge to issue a prior restraint
         | injunction if you try to violate them.
        
           | shadowgovt wrote:
           | Civil law is a bit different.
           | 
           | Nobody ever goes to jail for violating an NDA. What you _can_
           | have happen is be found to be in breach of contract and
           | obligated to follow the consequences of that breach
           | (including possibly restitution for damaging the aggrieved
           | party).
           | 
           | The bar in civil law is lower because the penalties are
           | generally money, and correction is simple if an error is
           | later found (move that money back). Criminal law involves
           | deprivation of liberty and other penalties that can't be
           | reversed (can't give a person back the years in prison).
        
             | HWR_14 wrote:
             | Many NDAs include language preventing just what you said,
             | and allowing one party to seek an injunction from a judge
             | preventing disclosure and a breach. Violating a judges
             | injunction will usually result in jail time, not just a
             | fine.
        
               | shadowgovt wrote:
               | The injunction is for violating the criminal penalty of
               | trade secret theft. That injunction can be applied
               | whether or not you signed an NDA.
               | 
               | (It's a bit nonsense that we as a country let corps get
               | laws passed to make "trade secret theft" criminal, but it
               | is what it is).
        
         | Retric wrote:
         | Here is a recent successful injunction delaying publication:
         | https://www.cnn.com/2020/06/30/media/mary-trump-book/index.h...
         | 
         | Though it didn't last long.
        
           | legalcorrection wrote:
           | It lasted all about two weeks and the judge basically
           | embarrassed himself by granting it in the first place. He
           | reversed himself in anticipation of being bench slapped by
           | the appellate court. https://www.techdirt.com/articles/202007
           | 13/17110644892/judge... (note that in New York, the lower
           | courts are the "Supreme Court", very confusing).
           | 
           | But you're right, there's always a judge stupid enough out
           | there to do something outrageously illegal.
        
         | reaperducer wrote:
         | _the lawyers ripped off J &J by spending time on this_
         | 
         | I wouldn't be surprised.
         | 
         | My mother worked for the VP a company that was involved in a
         | lawsuit that went on for decades. It was commonly known in the
         | company that the lawsuit was being deliberately dragged out for
         | the benefit of the opposition's lawyers, and that the case was
         | even handed down as a kind of sick inheritance from father-to-
         | son as people retired.
         | 
         | I've only been involved in a court case once. I was picked as a
         | juror in a case where two divorce lawyers were suing each other
         | over how to split the fee from a high-profile divorce.
         | 
         | I'm sure there are good lawyers out there, but they seem as
         | rare as hen's teeth and well-intentioned social media
         | companies.
        
           | GeoAtreides wrote:
           | Ah yes, the other J&J: Jarndyce and Jarndyce.
        
           | hutzlibu wrote:
           | "I'm sure there are good lawyers out there, but they seem as
           | rare as hen's teeth and well-intentioned social media
           | companies. "
           | 
           | It seems the incentive for lawers as a group is, make
           | everything more complicated for everyone else, so everyone
           | else is more dependant on lawers to do anything at all.
        
             | aaronchall wrote:
             | Although I know I'm wrong 99% of the time I sometimes get
             | that feeling about my fellow programmers when I look at
             | code...
        
               | hutzlibu wrote:
               | Yeah, there is probably truth in that, too.
               | 
               | I did hear people complain about some new UI/UX, on how
               | it makes it too easy for nontechnical people to use it.
        
               | [deleted]
        
         | throwaway09223 wrote:
         | "you can't get an injunction to prevent someone from publishing
         | something."
         | 
         | You can't, in theory.
         | 
         | In practice this sort of thing happens all the time. I had a
         | judge issue a clearly unconstitutional order limiting my speech
         | (there was no action on my part leading up to this, it was a
         | broad order applying to more than just me). My lawyer's take
         | was that while it was clearly not allowed, it wasn't
         | particularly important so best to just ignore it.
         | 
         | It's really, really common.
        
           | daenz wrote:
           | If you feel comfortable elaborating, can you explain broadly
           | the purpose for the judge's order? I have heard stories of
           | judges doing things like that during the time period of a
           | divorce or custody battle.
        
             | throwaway09223 wrote:
             | I'm not going to elaborate other than to say my speech was
             | restrained due to someone else's actions, but family court
             | is definitely an area where common practice has strayed
             | very, very far from anything resembling constitutionality.
             | 
             | One such example:
             | https://www.washingtonpost.com/news/volokh-
             | conspiracy/wp/201...
        
               | thoraway88 wrote:
        
               | xeromal wrote:
               | You can't bring up an anecdote as a counterpoint then
               | refuse to explain the anecdote. It's a bit unfair.
               | 
               | Edit: someone posted the rules that says we should accept
               | people's comments in good faith. I'll try to do that.
               | Leaving this comment for posterity.
        
               | pyuser583 wrote:
               | When someone says "I'm legally prohibited from saying
               | certain things," you can't reasonably expect then to
               | detail those things.
               | 
               | This is why censorship is so dangerous ... especially in
               | a society that presumes freedom of speech.
               | 
               | There was a fascinating article (can't find it) about the
               | recipient of a NSL complaining to their congressman about
               | being censored.
               | 
               | Their congressman told them such censorship was
               | impossible under the current law so they shouldn't worry
               | about it.
               | 
               | They wanted to say "yes it's possible, it's happened to
               | me."
               | 
               | But that would have been illegal. So it was impossible to
               | convince their congressman to look into it, and therefore
               | impossible to get the law changed.
        
               | salawat wrote:
               | They should have followed through and popped open the can
               | on their Congressperson then, rendering it now a
               | political issue.
               | 
               | If you want to see the Judiciary rein it in, get a
               | Congressperson involved. The Executive is fudged for, the
               | Legislative can rewrite the entire corpus with due
               | process.
        
               | borski wrote:
               | Sure they can, if: a) it might get them in legal hot
               | water, or b) it is personal and they don't want to get
               | into it.
               | 
               | You're not owed anything by anyone here, and they did
               | bring up an example about family court and link to an
               | article about it. :)
        
               | [deleted]
        
               | xeromal wrote:
               | Seems like a lame way to bring up an example to me.
        
               | throwaway09223 wrote:
               | Imagine how it feels from the perspective of the person
               | constrained by an illegal court order.
        
               | wizzwizz4 wrote:
               | I disagree, but fair enough. Doesn't mean any of us are
               | entitled to elaboration, though.
        
               | chris_wot wrote:
               | They absolutely do not have to explain themselves
               | further. They owe you (and us) nothing.
        
               | xeromal wrote:
               | I just mean from a debat/argument standpoint. How can
               | someone say "No, that's incorrect, but I refuse to
               | elaborate". Why even talk? lol
        
               | borski wrote:
               | Because this isn't a formal debate, and generally we
               | trust in others' firsthand experiences, especially when
               | they link to a related article, even if it isn't
               | precisely the story that happened to them. The GP is, in
               | this case, an original source and as per the HN
               | guidelines [1] we assume good faith.
               | 
               | [1] https://news.ycombinator.com/newsguidelines.html
        
               | xeromal wrote:
               | Thanks for linking the rules. I'll accept that.
        
               | KennyBlanken wrote:
               | The sentence you conveniently left out leaves out the
               | context of "assume good faith":
               | 
               | > Please respond to the strongest plausible
               | interpretation of what someone says, not a weaker one
               | that's easier to criticize. Assume good faith.
               | 
               | That does not, in any way, say "assume anecdotes are
               | trustworthy." _Nowhere in the rules does it say or even
               | imply this._
               | 
               | It is also laughable to suggest the HN community assumes
               | good faith; the comments section has a substantial amount
               | of comments from software engineers thinking they're
               | qualified to rip apart the work of people who are
               | professionals in their fields, usually with high levels
               | of derision.
               | 
               | Regardless of what HN rules say, anecdotes are literally
               | the worst way of supporting an argument, subject to no
               | end of observer biases.
        
               | borski wrote:
               | 1) I am not saying it is proof or a valid argument. I am
               | saying we should not assume the poster is lying just
               | because they're uncomfortable providing details about
               | something that is likely personal or legal in nature.
               | 
               | 2) That there are HN commenters who don't follow the
               | guidelines doesn't mean we shouldn't try.
               | 
               | 3) I did not "conveniently" leave out that sentence,
               | which implies malice on my part. I left it out because I
               | deemed it irrelevant to the point I was trying to make.
               | The strongest plausible interpretation of the GP's
               | comment is that they are telling the truth but can't or
               | are uncomfortable sharing details due to legal or
               | personal matters, especially given that it was posted
               | with a throwaway account, which the guidelines also
               | specify is OK for sensitive information, implying that
               | the GP was posting... sensitive information. As before:
               | please try to assume good faith.
        
               | throwaway09223 wrote:
               | I'm not debating with anyone. I'm just sharing a personal
               | experience.
        
               | Espressosaurus wrote:
               | They gave an example with an article. That much is enough
               | to say "this is a thing that happens" without divulging
               | sensitive information.
        
               | bladegash wrote:
               | Yep, ex parte family law orders should be available for
               | extreme situations, but they are widely abused, only need
               | to meet a legal standard of preponderance of evidence, do
               | not require underlying criminal conduct, and can deprive
               | a person of constitutional rights for months or more.
               | They were technically temporary orders pending a full
               | hearing, but those hearings can be delayed for a variety
               | of reasons. In one order based on allegations, a person
               | can lose access to their property, children, and more,
               | all without being able to defense themselves or even
               | participate in the hearing. It's messed up.
        
               | datavirtue wrote:
               | That's when a lot of people start having conversations
               | with Uncle Molotov.
        
               | ozfive wrote:
               | C'mon now ... This is inappropriate at the very least.
        
               | throwaway09223 wrote:
               | In my case, it was not issued ex-parte. In fact, it was
               | not even requested relief. My impression is that these
               | sorts of prior restraints are so normalized that they're
               | applied as a matter of course.
        
               | bladegash wrote:
               | Wow, sorry to hear that. Can definitely introduce
               | significant mistrust in the system and for good reason.
               | Hope things have worked out better in the long term for
               | you though!
        
           | shadowgovt wrote:
           | It's more that the bar is extremely high, but yes, prior
           | restraint on speech is not impossible. There has to be a
           | direct through-line from the speech itself to probable
           | irreparable harm to the beneficiary of the restraint.
           | 
           | "Dear mobsters, this is the address where the FBI has
           | sequestered a witness" is around the place the bar is.
           | 
           | "That report might be defamatory to a corporation because we
           | can argue it is untrue" is nowhere near the bar (truth is an
           | affirmative defense, and the possible harm is reconcilable in
           | law via monetary compensation and damages).
        
           | lettergram wrote:
           | Was about to say something similar.
           | 
           | FISA court orders, family court, settlement agreements,
           | arbitration, civil lawsuits, criminal trials, etc
           | 
           | There are so many different ways you can be "gagged" it's
           | very common.
           | 
           | There's a reason they tried to get the publication stopped -
           | because it often works.
        
             | datavirtue wrote:
             | And then you publish anyway to prove you are a "real
             | American." (TM)
        
               | pueblito wrote:
               | Rights are like trademarks, if you don't defend them
               | aggressively then you'll lose them
        
               | ajsnigrutin wrote:
               | Sadly, there are many movements against free speech,
               | specially in the usa, because some people might say
               | something, that someone doesn't want to hear.
        
           | JumpCrisscross wrote:
           | Family court telling a father not to tweet mean things and
           | any court telling a journalist, with a track record of
           | publishing, not to publish, are clear and separate things.
        
             | pyuser583 wrote:
             | Yes, one violates freedom of the press, and the other
             | violates freedom of speech.
             | 
             | Both are protected by the first amendment.
        
               | thaumasiotes wrote:
               | No, they both violate freedom of the press.
        
               | smorgusofborg wrote:
               | No, only one violates the generally accepted freedoms of
               | the press:
               | 
               | https://en.wikipedia.org/wiki/Public_figure
        
               | FloNeu wrote:
        
           | dv_dt wrote:
           | That makes we wonder how many essentially invisible to the
           | public cases this kind of restraint we have in the system.
           | 
           | It seem like all it takes is a plausible legal theory that
           | could be dragged out combined with enough financial clout to
           | make the defendant give.
        
             | throwaway09223 wrote:
             | This same judge said something along the lines of "there
             | are no limits on my ability to issue orders until an
             | appeals court overturns them."
             | 
             | He was keenly aware that the issue wasn't significant
             | enough to appeal and that his power was essentially
             | unchecked.
             | 
             | Lawyers are very aware of this dynamic.
        
               | daenz wrote:
               | This is why it is so important to have wise judges that
               | are held to a very high moral standard.
        
               | jdasdf wrote:
               | No, this is why it's important to have checks and
               | balances against unrestrained judicial power.
               | 
               | These checks and balances must include legal as well as
               | practical costs and difficulties in having those orders
               | implemented.
               | 
               | The system should assume malice on all parties, and work
               | accordingly.
        
               | daenz wrote:
               | The checks and balances here is the appeals process,
               | which fails when the cost of appealing isn't worth it. It
               | will always be the case where a judge can calibrate a
               | decision to be under the cost of appealing. Which is why
               | it is important to have judges be moral and wise...who
               | don't let their egos get in the way and restrain
               | _themselves_ , instead of forcing you to pay _any_ cost
               | to check them.
        
               | whatshisface wrote:
               | There could be a system that punished judges for
               | overturned rulings and rewarded people who put in the
               | effort to overturn them.
        
               | BurningFrog wrote:
               | But "who judges the judges?", to paraphrase the ancient
               | wise question.
        
               | shadowgovt wrote:
               | ... and, in jurisdictions that allow it, for the public
               | to bother to research judges and vote them in our out of
               | office.
        
               | dv_dt wrote:
               | In an area where I can vote for judges, I do google
               | searches on all the candidates and rarely get good
               | information. If you're lucky you can get some very
               | rudimentary assessment of if they have any legal
               | background at all.
               | 
               | But to really research a judge candidate I think would
               | take access to a legal case database and a fairly
               | sophisticated understanding of law, and far too much
               | time.
        
               | pessimizer wrote:
               | And don't forget the part where you have to get the
               | majority of your neighbors to do the same.
        
               | shadowgovt wrote:
               | There's a definite information gap here waiting for
               | someone to step in and fill it. Practically speaking
               | these days, it's currently filled by special interest
               | groups like the state bar and various voting leagues;
               | they will do the heavy lifting of evaluating the
               | candidates and issue recommendations.
        
               | fires10 wrote:
               | I am not a fan of voting for judges. Judges should be
               | determined by technical merits and skills more like
               | hiring a developer. This I think would be better handled
               | by having a diverse group of judges routinely review all
               | decisions by a judge and issuing corrective actions
               | against the judge. This review should be done
               | periodically and not require an appeal.
        
               | Spooky23 wrote:
               | I disagree. Attorneys are a fairly tight group in general
               | that rely on peer opinion to get jobs.
               | 
               | Nobody is going speak about about Judge A because the
               | political machinery and peer pressure are very powerful.
               | When Judge B rats out Judge A, all of the sudden those
               | appellate court opportunities or various other lucrative
               | appointments suddenly are out of reach.
               | 
               | Judicial elections are a good way to get bad judges out
               | and mediocre or better judges get to mostly do their
               | thing. The places where the broader political environment
               | is corrupt are no more corrupt than if judges were
               | appointed. There's the benefit with an election that the
               | local party leaders can just opt to not support a bad
               | judge versus making a decision to oppose him.
               | 
               | If any change were to be made, I think making the clerks
               | protected civil service employees would probably blunt
               | the judges power, particularly if cousin Rufus get
               | appointed to be county judge because he's drinking too
               | much at the law firm.
        
         | pseingatl wrote:
         | Nevertheless, injunctions have issued. Given Assange &
         | Wikileaks, it is silly to pretend that it cannot happen. The
         | Espionage Act exists, as do laws prohibiting commercial
         | espionage as well.
        
         | fulafel wrote:
         | Reuters is a UK company and freedom of press is quite limited
         | there. But a US federal judge of course would be the wrong
         | party to turn to for leveraging this.
        
           | bitcharmer wrote:
           | > freedom of press is quite limited there
           | 
           | Could you please be more specific? Because I've lived here
           | for a long time and I'd call this statement utter BS.
        
             | smnrchrds wrote:
             | https://en.wikipedia.org/wiki/Super-
             | injunctions_in_English_l...
        
               | fulafel wrote:
               | Interesting. It seems you better be pals with a member of
               | parliament if you get one of these: https://en.wikipedia.
               | org/wiki/RJW_v_Guardian_News_and_Media_...
        
             | thedevelopnik wrote:
             | I think the OP was trying to reference the difference
             | between libel laws in the US and UK regarding who has the
             | burden of proof.
        
             | jdasdf wrote:
             | Can you explain why you believe there is any form of free
             | expression in the UK?
             | 
             | I'm genuinely asking because looking on from the outside it
             | is clear to me that nowhere in Europe is there anything
             | even approaching freedom of expression and conscience.
        
             | londons_explore wrote:
             | The UK doesn't in general protect "free speech". While most
             | things you can say, there are a bunch of things that will
             | land you in prison, even if they are true.
        
               | wizzwizz4 wrote:
               | I didn't think it was ever illegal to say things that
               | were true, justified, and in the public interest to have
               | spoken. Could you give some examples (or point me at the
               | relevant laws) please?
        
               | drzaiusapelord wrote:
               | There really arent any. Hate speech isn't "true"
               | regardless of your basement phrenologists Roganism's that
               | this race or that ethnicity is "inferior" to a white
               | person due to skull or brain size. Or doctored studies
               | that purposely dont take poverty and other things into
               | account.
               | 
               | The other category is libel/slander which is properly
               | protected in the UK where a real burden of proof is put
               | on the person making the claim, meanwhile in the USA,
               | "news" shows lie with impunity, and almost always for the
               | benefit of the oligarchy.
               | 
               | Its a better system than the USA's and by far. Right-wing
               | types, who also dominate this forum, dislike it because
               | it limits the lies and racism and islomaphobia they so
               | deeply identify with, and is reinforced to them by the
               | dishonest right-wing media they consume which has almost
               | no limits on dishonest or hateful speech in the USA. So
               | its an ugly cycle of extremists radicalizing new
               | extremists for political gain (read: faithful GOP voters)
               | by the billionaire owners of these media outlets who gain
               | from these narratives both politically and economically.
        
               | Dylan16807 wrote:
               | Even if we assume those are the best metrics, if
               | something has to be shown to be _in_ the public interest,
               | rather than just _not against_ the public interest, that
               | 's quite a high bar.
        
               | wizzwizz4 wrote:
               | Publishing the contents of my diary is not _against_ the
               | public interest. I 'd still be quite upset if you did
               | that, especially if picked events to make me look bad.
               | (Yet, you wouldn't need to be lying. I've done things I'm
               | not proud of, that I try to hide.) If ever it becomes
               | _in_ the public interest to publish my secrets (e.g. if I
               | 'm claiming no affiliation with an organisation I used to
               | work with, while awarding them grants) then go ahead. But
               | until then, my private life is _my private life_.
        
               | Dylan16807 wrote:
               | Well that's why I said "if we assume those are the best
               | metrics". Privacy would be an additional one.
               | 
               | I wasn't trying to make a full and ideal rule set, just
               | pointing out that the one you said is extremely narrow
               | and even really bad free speech rules could pass it. Like
               | one that prevents me from talking about someone in a park
               | playing with a kite.
        
               | fulafel wrote:
               | Having to prove those things in court, under threat of
               | penalties, is quite a big damper on freedom of press.
        
               | xdennis wrote:
               | I don't think that having some proof is too much to ask.
               | 
               | Press freedom is important because it can keep in check
               | the other branches of power. But it shouldn't be so free
               | as to be able to publish known lies.
        
               | pessimizer wrote:
               | Depends on if you think that freedom of speech should
               | only be for multi-millionaires.
        
               | xdennis wrote:
               | I'm not sure what you mean. Personally I believe that
               | individuals should have more freedom of speech
               | protections than corporations or media companies because
               | of the power imbalance.
        
             | brendoelfrendo wrote:
             | They're probably talking about the UK's weirdly strong
             | defamation laws. From what I understand, burden of proof
             | for libel in English law is on the defendant, not the
             | plaintiff. Once the claim of defamation is made, it's on
             | the defense to justify what they said.
             | 
             | This makes the UK court system a popular venue for rich
             | people to try and suppress negative press.
        
             | fulafel wrote:
             | Maybe I generalized too wide from my impressions. It seems
             | that on the freedom of press index the US scores lower
             | (#44) than the UK (#33). But still the absence of
             | constitutional protections and the high profile "libel
             | tourism" cases (including Russian oligarchs suing UK book
             | publishers) would make me give this kind of suit better
             | odds in the UK than in the US.
        
         | mherdeg wrote:
         | > Every lawyer worth their salt in America knows that you can't
         | get an injunction to prevent someone from publishing something.
         | That's a prior restraint and is about as close as you can get
         | to something absolutely forbidden under American law.
         | 
         | Isn't there certain Project Veritas info that the NYT is
         | currently forbidden from publishing? did I misunderstand?
         | https://www.nytimes.com/2021/12/28/business/media/nyt-projec...
        
         | theknocker wrote:
        
       | olliej wrote:
       | Let's ignore the attempt to use the court to silence the press
       | and look at the other part: why are businesses allowed to create
       | subsidiaries that are just debt vehicles to be placed in
       | bankruptcy?
       | 
       | If a company can do it, why can't I do that for my personal debt?
        
         | m0ngr31 wrote:
         | Because you don't have enough money to lobby (bribe) the people
         | who make these kinds of decisions.
        
           | zeroa093 wrote:
           | To add clarity to this. OP _can_ do this right now if they
           | wanted to. The difference is:
           | 
           | 1. You have to have an LLC that actually does business. What
           | you don't say is you're also running all your personal stuff
           | through the LLC for business purposes. AFAIK this isn't
           | illegal since the stuff is the company's and you're just
           | "using" it. A good example is a mercedes benz "company car"
           | that, should you fail to make payments (through the company),
           | is now the company's problem and not yours. The other REALLY
           | big nuance here is that the money can't come from you TO your
           | company. It must be company money. Otherwise you pierce the
           | veil.
           | 
           | 2. You have to make the LLC before bad stuff happens.
           | 
           | The difference is here J&J is trying to make a subsidiary
           | after the fact. I don't think they can legally do this.
           | Hollywood accounting has the subsidiaries made purpose built
           | as fall guys. This is some "remember how we provided all
           | those vaccines" level bribery.
        
       | strogonoff wrote:
       | The baby powder story is a great opportunity to remember that
       | there are actual journalists doing valuable work, and society
       | needs them.
       | 
       | Meanwhile, the oft-repeated sentiment is that we should get rid
       | of journalists and news agencies because every single one of them
       | is supposedly a sell-out. That'd surely resolve a number of
       | issues for companies like J&J.
        
         | encryptluks2 wrote:
         | But the government is happy to shield them from liability when
         | it comes to vaccines.
        
           | pas wrote:
           | Not for any vaccines. In case of covid ones the waiver was to
           | get the vaccine fast. But it didn't mean anything goes, no
           | oversight.
           | 
           | It makes sense in a pandemic to have a fast rollout with
           | continuous monitoring instead of the usual wait for the
           | courts, usually wait for enough cases to have a class action,
           | wait for the certification of that, etc.
           | 
           | Not to mention the anti vax nutjobs screaming about
           | experimential vaccines being experimential. (Which is
           | meaningless, because even if it is it might be a lot more
           | safe than something that's old, boring but did not get this
           | much scrutiny.)
           | 
           | Oh and baby bottom redness is not infectious and as far as we
           | know did not kill anyone.
        
             | thenaterator wrote:
             | > anti vax nutjobs
             | 
             | This phrase is often used to malign those with a different
             | understanding or opinion. Most people who question the
             | efficacy and safety profile of the experimental Covid
             | vaccines are neither anti vaccine nor nutjobs.
             | 
             | > Oh and baby bottom redness is not infectious and as far
             | as we know did not kill anyone.
             | 
             | The talc powder lawsuits are because it is suspected or
             | causing cancer. Yes, they made something with long term
             | side effects. Which is why some are concerned about the
             | rushed implementation of Covid vaccine mandates.
        
               | ls15 wrote:
               | Labeling people who disagree with insults in order to
               | ridicule them is a a logical fallacy, a sign of
               | intolerance and of poor discussion culture in my opinion.
               | 
               | Typically because of anger and lack of rational
               | arguments, I assume.
        
           | strogonoff wrote:
           | Governments belong in the same bucket as companies, from the
           | point of view of actual journalism.
        
             | encryptluks2 wrote:
             | I can't disagree with that, governments (cities, etc) are
             | really just companies that the citizens work for once we
             | are born.
        
         | ndneighbor wrote:
         | I really wish there were ways to fund more investigative
         | efforts of journalism. I support my local newspaper but would
         | be nice to have some sort of system of campaigns to support
         | reasoned inquiry into those that have power beyond platitudes
         | such as "ads bad".
        
       | neonate wrote:
       | https://archive.is/vfOkX
        
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