If The British Legal System Had a Spine, These Plaintiffs Could Adjust It

Effluvia, Irksome, Law, Politics & Current Events

I feel free to say that I view chiropractors as either deluded or dishonest practitioners of unscientific mumbo-jumbo, peddling a pseudo-medical ritualistic "treatment" modalities without a basis in modern science, shot through with odd connections to even more bizarre beliefs, and preying upon both reasonable and paranoid fears about science-based medicine.

I feel free to say that because I am in America, not in Britain. Were I in Britain, I would be much more circumspect. That's because Britain's libel law is, to American tastes, a playground for thin-skinned thugs and suppressors of dissent, and hostile to critics thereof. That's why the British legal system is the preferred venue for Holocaust deniers, bagmen for terrorism, and other libel tourists.

Case in point, courtesy of Overlawyered: Simon Singh, a British scientist who had the temerity to suggest that what chiropractors do is "bogus," particularly in connection with claims that chiropractors can treat childhood ailments by "adjusting" little spines:

"The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments."

This being Britain, and the British Chiropractic Association being a swarm of politically powerful thugs protective of their income and furious that anyone would reveal them as the pack of gibbering stick-shaking shaman that they are, sued for libel. They found a sympathetic ear and accommodating gavel in presiding judge sir David Eady, who recently ruled not only that Singh must carry the burden of proving the truth of what he asserted, but that he must prove that the British Chiropractic Association is spreading lies knowingly, because Sir David interprets the term "bogus" to be both an assertion of fact rather than an assertion of opinion and interprets it to mean that the misinformation is knowing and deliberate. This, of course, is in sharp contrast to the American legal system, where people seeking to use the legal system to suppress speech and extract money would have the burden of proving that what was said about them was a false statement of fact, not opinion or hyperbole. Whatever else we do wrong — and my God, there's plenty — we do that right.

One hopes that the decency and common sense of the British jury — an ancient institution for which America owes a debt of cultural gratitude — will prevail here over this appalling legal norm, as it did in the Holocaust denial case linked above. But if it doesn't, Singh may take some comfort on his way to bankruptcy and court-sanctioned censorship that Britain's libel law is well on its way to being a pariah, both as a matter of opinion and as a matter of law, in other countries. If the current trend persists, a thuggish litigant like the British Chiropractic Association will be unable to enforce British libel judgments elsewhere in the world, and such judgments will be met with roughly the same esteem and legal effect as a writ from East Fuckistan demanding that the courts of another country forcibly genitally mutilate an escaped tribeswoman.

Edit: I had comments turned off for some reason. They are back on now.

Last 5 posts by Ken

12 Comments

11 Comments

  1. Ken  •  May 20, 2009 @12:28 pm

    Comments were turned off for some reason. Back on now.

  2. Al  •  May 20, 2009 @12:35 pm

    I thought it was some kind of post modern commentary.

  3. matt  •  May 20, 2009 @1:51 pm

    i gotta admit i thought it was a joke. a story about free speech with comments turned off

  4. Linus  •  May 20, 2009 @8:39 pm

    I also think that chiropractic care is so much foofery. However, I have a vested interest in having defendant's insurance companies pay for chiropractic care. What's a guy to do?

  5. Bob Smith - Fort Worth  •  May 22, 2009 @9:29 pm

    When I came back to Texas in '87, I just KNEW that it was witchcraft. Then I met the lady who is now my wife. She had put her 1st husband through medical school, so you can imagine how she felt about chiropractic. Then she had her neck flexibility restored by a DC, when the MD's had said that it would never happen. Later, another DC cured, yes cured, her bladder infection by adjusting her. On another time, her DC eliminated her back pain, from picking up our daughter, when the MD only gave her pills that caused the skin on the inside of her mouth to peel, without addressing the underly injury. Later, I had a serious neck/shoulder injury, a 3d DC was able to help when an MD could only prescribe pain killers. So I've made a 180 degree turn, based on personal experience. There are limits to what they can do, but I will go to them first for musculatur/ skeletal issues and MD's for my diabetes, letting each work to their strength.

  6. Ken  •  May 22, 2009 @9:41 pm

    Respectfully, Bob, the fact that your wife's bladder infection resolved near in time to "adjustment" does not mean that the adjustment cured it. What scientific, peer-tested, falsifiable evidence is there that such cures work?

  7. Scott Jacobs  •  May 23, 2009 @10:14 am

    Not EVERYthing having to do with chiropractors is bull…

    But the only stuff I accept that they can do is make my back/hips/shoulders feel better.

    But that's SOMETHING, at least.

  8. Bob Smith - Fort Worth  •  May 25, 2009 @10:26 am

    Ken,
    You are absolutely correct. But I have a challenge for you: Ask 100 women if they had a bladder infection, would prefer to be symptom free within 12 hours and no recurrence for 5 years or use the "normal" course of treatment. My guess is they'll go for the former. I am not concerned with proving some scientific concept, but with getting positive results. Prior treatment for her bladder infection normally took days before she saw any positive results and on more than one occassion serious side-effects. Also, anyone who believes that the Alleopathic universe has all the answers is mistaken. Additionally, after getting an MIR, an MD told me I had a brain tumor that was inoperable and that I should get my affairs in order. My DC, upon reviewing the X-ray, suggested I get a second opinion, if not a second MRI. I got the second MRI and the "tumor" was gone. Had I listened to the MD I would have lost months, if not years of my life. Good medicine is not limited to MD's.

  9. Ken  •  May 25, 2009 @3:33 pm

    Bob:

    You're concerned with getting results, not with science. But science is how one links results to methodology. You feel that it was spinal adjustment that helped your wife's bladder infection. But how can you know it wasn't diet, or prayer, or hormonal cycles, or something else? For that matter, how can you tell it wasn't the placebo effect of the spine-adjusting? Frankly, you can't.

    The fact that science-based doctors make mistakes is not basis to conclude that non-science-based doctors are trustworthy.

  10. Bob Smith - Fort Worth  •  May 26, 2009 @7:38 am

    Ken,
    Don't presume to know what I feel vs. know. Due to the format, I try to keep things brief. Therefore, things get left out. I can cite, but won't, other situations where alleopathic medicine failed while other non-traditional methods were successful. That you seem to believe that all MD's are scientists is quaint. The reality is that medical schools that turn out MDs are exclusionary in nature and regard all other schools of medicine as…unqualified. Hardly a scientific attitude. As this particular comment thread was about Libel laws in Britain, I'll take my leave, now.

  11. Ken  •  May 26, 2009 @10:41 am

    Bob:

    You are welcome to continue to comment if you wish. But best wishes if you do not.

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