Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Racketeering Laws Still Threaten Worker Speech Rights
Bill Quigley
05 Nov 2008
🖨️ Print Article

Racketeering Laws Still Threaten Worker Speech Rightssmithfieldbus1

A Black Agenda Radio commentary by Glen Ford

To obtain a dowloadable MP3 copy of this Black Agenda Radio commentary, visit our BA Radio archive page.

"Can corporations use the RICO statutes to prevent unions
and their allies from launching public education campaigns that hurt the
companies' business?"

A settlement has been reached between the United Food and
Commercial Workers union and one of the nation's worst corporate citizens,
Smithfield Foods, the company that runs the world's largest pig slaughterhouse.
The bosses agreed to allow a union election, after ten years of organizing
activity. But a critical issue raised by the suit has not been settled, and
still looms as a huge
threat
to the rights of labor - and all people in the U.S. - to organize
against the economic and entrenched political power of America's corporate
rulers.

The union had conducted a public education campaign that
exposed Smithfield's anti-labor practices at the giant Tar Heel, North Carolina
processing plant, including widespread intimidation of workers, spying, illegal
firings, and the use of racial epithets. The campaign, launched in 2006, was
highly successful. Human Rights Watch issued two reports on Smithfield's
operations, documenting systemic abuse of workers' civil rights. The New
York Times
published a piece on the company's instigation of racial
conflicts between workers - the article won a Pulitzer Prize. And the federal
Environmental Protection Agency and the state of North Carolina imposed fines
and citations on Smithfield. The union enlisted religious and community leaders
far from the plant facilities, reaching out to the national market, urging
consumers to boycott Smithfield's hams. Anti-corporate advertising was placed
in venues such as Washington, DC busses. The company claims the publicity
campaign cost $900 million in losses.

"Worker's speech would
be subject to racketeering statutes."

Rather than allow workers to exercise their rights to
fairly decide on union representation, Smithfield charged the union and its
allies with attempting to extort Smithfield out of its "right" to conduct
business as a non-union company. The suit sought to find the union guilty under
federal RICO racketeering laws - a perversion of the statute that other
corporations have attempted to use to criminalize labor organizing. Although
both parties last week agreed to let the suit drop, a federal judge had
previously agreed to hear the company's
case on its merits
. That means the question still stands: can corporations
use the RICO statutes to prevent unions and their allies from launching public
education campaigns that hurt the companies' business? The judge ordered both
the union and Smithfield not to comment on the settlement. The stakes are
enormous. If it is unlawful to mobilize public sentiment in the marketplace to
pressure corporations to change their practices, then unions and citizens have
no rights to speak in ways that might harm a corporations' bottom line. It is
an extremely dangerous
legal notion
. Corporate speech, such as advertising, would be protected,
but worker's speech would be subject to racketeering statutes. Under such an
interpretation of the law, the South Africa corporate divestiture campaign of a
generation ago might have been found to be illegal - an extortionist racket
aimed at damaging corporate profitability.

The United States is already very nearly a dictatorship of
the rich. Giving RICO protection to anti-labor practices would make the
dictatorship complete.

For Black Agenda Radio, I'm Glen Ford.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

Do you need and appreciate Black Agenda Report articles? Please click on the DONATE icon, and help us out, if you can.


More Stories


  • Ben Passmore
    Black Agenda Radio with Margaret Kimberley
    Black Arms to Hold You Up: A History of Black Resistance
    10 Oct 2025
    Ben Passmore is the author of the graphic novel: “Black Arms to Hold You Up: A History of Black Resistance,” published by Pantheon Books. Ben Passmore is an award-winning political cartoonist who has…
  • Margaret Kimberley, BAR Executive Editor and Senior Columnist
    "Left" Except for Haiti
    08 Oct 2025
    The latest interference from the United Nations ensures that Haiti’s “gang” problem will continue and that its cause, an illegitimate governing structure brought about by the UN, U.S. and their…
  • We Charge Genocide
    Editors, The Black Agenda Review
    ESSAY: Genocide Stalks the U.S.A., Paul Robeson, 1952
    08 Oct 2025
    “We, the people, charge genocide.”
  • Ann Garrison, BAR Contributing Editor , Dan Kovalik
    Is the UN Charter Worth the Paper It’s Written On?
    08 Oct 2025
    In practice, the UN Charter ensures that the world’s most powerful nations are free to wage war at will without UN intervention or even censure, as the US has time and again.
  • Raymond Nat Turner, BAR poet-in-residence
    enemy within
    08 Oct 2025
    "enemy within" is the latest from BAR's Peat-in-Residence.
  • Load More
Subscribe
connect with us
about us
contact us