RICO'd free speech

It's Tuesday, so it's Adam Liptak day. It's bad enough a corporation would try to silence critics using RICO statutes. That a judge would agree with their argument is very disturbing.

Smithfield Foods, which raises, kills and processes more pigs than any company on earth, does not like some of the things a union has been saying about conditions at its giant slaughterhouse in Tar Heel, N.C., where 4,650 people work and 32,000 hogs die every day.

So Smithfield has filed a racketeering lawsuit against the union, on the theory that speaking out about labor, environmental and safety issues in order to pressure the company to unionize amounts to extortion like that used by organized crime.

“It’s economic warfare,” explained G. Robert Blakey, one of Smithfield’s lawyers. “It’s actually the same thing as what John Gotti used to do. What the union is saying in effect to Smithfield is, ‘You’ve got to partner up with us to run your company.’ ”

One hesitates to argue with Mr. Blakey, who helped write the Racketeer Influenced and Corrupt Organizations Act, or RICO, the 1970 law Smithfield is suing under, as a staff lawyer in the Senate. But what Mr. Blakey calls extortion sounds quite a bit like free speech.

Gene Bruskin, the director of the union’s organizing drive and a defendant in the suit, said his work “bears no relationship to the Mafia whatsoever.”

“If we kidnapped the C.E.O. and we said, ‘We know where your children go to school,’ that’s a Mafia-like act,” Mr. Bruskin said. “If we told the truth about how the company abuses workers to its customers, that’s traditional free speech.”

Smithfield says the union, the United Food and Commercial Workers International, and its officials violated RICO by issuing press releases, contacting civil rights and environmental groups, organizing protests and calling for boycotts.

But the most striking assertion in the suit, one Smithfield devotes five pages to, is that the union was engaged in racketeering when it urged local governments in New York, Boston and other cities to pass resolutions condemning the company. After meeting with the union in 2006, a dozen members of the New York City Council sponsored a resolution calling for the city to stop buying meat from Smithfield’s Tar Heel factory “until the company ends all forms of abuse, intimidation and violence against its workers,” citing a ruling by a federal appeals court in Washington that Smithfield had engaged in “intense and widespread coercion” in battling unionization at its Tar Heel plant.

Councilwoman Melissa Mark-Viverito was a sponsor of the resolution, and she said she had been happy to meet with representatives of labor and business groups to hear their concerns. The practice Smithfield calls racketeering is, Ms. Mark-Viverito said, what others call lobbying. The First Amendment has a name for it, too: the right to petition the government.

I know both sides of this, as I once had a client -- a bottled water company -- that was sued under RICO by smaller competitors (I had to give a deposition). That was stupid and the case was, I believe, dismissed without merit. This, on the other hand, is corporate anti-democracy and rank union-busting.

The whole thing is worth a read.