This week the House of Representatives passed what many lawmakers have fondly dubbed ‘the cheeseburger bill’. Officially known as the Personal Responsibility in Food Consumption Act, this common-sense bill will curb frivolous lawsuits against restaurants on the basis of weight gain from fatty foods. While the name of the bill has been the subject of many chuckles in the halls of Congress, the core of the bill addresses a problem that’s threatening the very fabric of our economy. 

I wouldn’t blame you for raising an eyebrow at this statement. How are obesity lawsuits against McDonald’s a major national problem? According to a recent Gallup Poll, nearly 9 in 10 Americans oppose holding the fast food industry legally responsible for diet related health problems. So, why do we need a bill to address an issue the vast majority of us agree on? Shouldn’t common sense prevail in this situation? After all, there are bigger issues to tackle, right?

A decade ago, I may have agreed. Today, unfortunately, is a different story. When you look at the implications of out-of-control lawsuits, you will find that what’s really at stake is the health and vitality of common institutions such as our schools, hospitals, small businesses and, ultimately, the fabric of our economy.

The cheeseburger bill isn't limited to fast-food restaurants. It would also protect local Mom & Pop eateries, grocery stores, and even ice cream vendors on the street. While, today, class-action lawyers are targeting fast-food restaurants for hooking kids on fries like a drug dealer pushes marijuana; tomorrow they could be suing local grocery stores for stocking cake and local eateries for serving pizza.

The food service industry is our nation’s largest private sector employer, providing jobs for 12 million people. This bill will help protect those jobs. It will prevent local restaurants from having to choose between skyrocketing insurance bills or employee salaries. It will prevent them from having to operate under the constant fear that one of their customers could put them into overnight financial ruin just by threatening to sue them for consuming too much food. Equally important, is that it will restore a measure of integrity and common sense to a judicial system most recently noted for its wildly unpredictable and unreasonable rulings. 

While the House has addressed the issue of unbridled fast-food lawsuits, we have addressed only one facet of tort abuse in America. In town after town, and state after state, the effect of the unbridled lawsuit is dramatic. The threat of legal liability for doctors and for small business owners is stifling our economy. 

An unregulated medical tort system has caused medical professional liability insurance rates to skyrocket. Major insurers are either dropping coverage or raising medical liability premiums to unaffordable levels. Doctors and other health care providers have been forced to abandon patients and practices, particularly in high-risk specialties such as emergency medicine and obstetrics and gynecology. And as doctors pack their bags and head to states where insurance rates won’t force them out of practice – or worse yet –close their doors entirely, more and more Americans are fighting to find quality medical care. 

With the costs of litigation becoming so enormous, the mere threat of a lawsuit – no matter how unreasonable – may be enough to force a small business to close its doors. Those businesses that can afford to defend themselves in court are paying attorney’s fees, rather than buying capital infrastructure or hiring new employees. Blameless business owners are forced to pay increasing insurance rates, over worker salaries, and our local economies and local families are hurting as a result. 

A decade ago, the cheeseburger bill would have been laughed out of Congress. Today, class-action lawyers have turned what the majority of us consider absurd, into a grave problem. It’s time that Americans take a stand for personal responsibility and common sense. It’s time we return to a day when we had confidence in the outcomes of the judicial system and a day when we find the words ‘the cheeseburger bill’ on the comics page, rather than the front page.

:: Returning Dignity to TV and Radio ::

Recent events, such as the infamous 2004 Super Bowl performance, have increased the American public's awareness of the need to more closely monitor the airwaves. The Broadcast Decency Enforcement Act (BDEA), overwhelmingly passed by the House by a vote of 391 to 22 this week, will strengthen already-existing FCC regulations, enhancing the commission's ability to crack down on those who abuse the system. The BDEA sends a clear message to television and radio broadcasters that using the airwaves - which belong rightfully to American families - comes with the responsibility to follow the FCC decency standards that apply to family-hour programming.

This bill is not censorship or a restriction of free speech. BDEA does not change the current FCC definitions of obscenity, indecency or profanity, but imposes a period within which the FCC has 180 days from the date of an initial complaint to determine if the incident in question was indeed indecent, and another 90 days either to issue a forfeiture order or dismiss the complaint.

Americans have taken a closer look at the television performances of our entertainers and have decided there are decency boundaries that must not be crossed. Currently, the Federal Communications Commission (FCC) is permitted to impose fines of up to $27,500 broadcasters. This bill increases the amount of fines that the FCC can impose to up to $500,000 for every airing of "obscene, indecent or profane material." Additionally, under current FCC guidelines, networks and entertainers who willfully or intentionally violate indecency standards receive a warning after the first offense and are eligible for a fine capped at $11,000 after the second offense. This bill removes the warning and allows the FCC to fine an entertainer up to $500,000 for a first offense.

The plan also directs the FCC to hold a hearing to consider stripping stations of their licenses after a station has been sanctioned three or more times. The FCC may also take into consideration prior violations when licenses come up for renewal.