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THE LYNCH MOB AND MARTHA STEWART

The joke about Martha Stewart is that she's supposedly a snob--because she knows how to improve home life and communicates that knowledge articulately, even to the extent of clearly pronouncing her words. She is a homemaker and hard-headed businessman who has achieved phenomenal success. This is great fodder for "Saturday Night Live." To be "funny," what you do is you juxtapose the lady's patrician (or matrician) sophistication with gags that undercut all that, making her look silly. It only comes off 15 percent of the time; but SNL rarely does better than 15 percent in any case.

Many people like Martha Stewart, hence her popularity. Others envy her, as they envy all persons who have made their mark and make money. These envious ones have a new opportunity to gang up on her now. She's on the chopping block because--crikey--she might have heard that some stock she was holding was about to crumple in value, and perhaps sold the stock before it could do so. She unloaded a couple hundred thousand dollars worth of holdings in ImClone Systems shortly before the Food and Drug Administration rejected ImClone's application for a cancer drug. When the news was announced, the stock price plummeted. (Stewart claims she had already been planning to sell.) Now that the FDA has dealt a body blow to ImClone, the Securities and Exchange Commission is moving in for the kill, accusing a former CEO there of "insider trading." The sequence is typical. First the government aims for your groin, then it "investigates" you for trying to get out of the way instead of just standing there like a zombie.

Trading on "inside information" is the crime of acting on information that you happen to get before other people. Since information of any kind is never distributed such that all people receive it simultaneously and in equal communistic portions, the very notion of "inside information" is bogus to begin with--mere rank epistemological egalitarianism. And like any egalitarian doctrine, it can be "implemented" only by a boot in the face.

If all knowledge were treated the way the SEC treats knowledge of impending stock value, the government would have to arrest people whenever they did anything. All actions are guided by a plethora of local, "inside" information and context of knowledge that, in total, is available only to the individual actor and to few, if any, others. So while it may be illegal for a CEO to whisper, "Yikes, Martha, my firm is about to get groin-kicked by the government," it shouldn't be. The only relevant desideratum is whether a company has an agreement (a voluntary agreement) with its shareholders that its officers shall never sell shares upon hearing bad news without first sharing the bad news with the shareholders.

The brokers who handled Stewart's stock transaction have been suspended. The SEC has brought charges against Samuel Waksal, ImClone's former CEO, for breaking their little rules. Martha Stewart has not yet been charged with anything, but the vultures are circling. Some of them are positively drooling. Not over any neatly laced pie or powdered scones, either.

"Blondenfreude, the glee felt when a rich, powerful, and fair-haired business woman stumbles, is the guilty pleasure of the age," say Alessandra Stanley and Constance L. Hays of the New York Times, presumably just reporting.

Editor/journalist/columnist Michael Kelley, lumping Stewart with whatever other putative corporate scoundrels he can dredge up, is one of the most gleeful of the vultures. "Our titans of industry are the best darned titans of industry in the world, and they deserve anything they can get, with both hands," says this expert in ironical slicing, dicing, and marinating. "It is not their fault that they turned out to be the greediest bunch of no-talent morons the world has seen since the Harding administration. It could have happened to anyone. Let them have their money--oh, sorry, I meant our money."

By contrast, Larry Kudlow, who unlike Kelley seems to actually know something about the financial world, and also is not a creep, is not happy at all with the tabloid trashing of Ms. Stewart. "Too many reporters and commentators are too quick to express their contempt for a true, American-made success story," notes Kudlow. "They're jealous, and Stewart's an easy target. Attempts to place her in the recent wave of corporate corruption are about as accurate as nominating John Gotti for a Purple Heart."

I am not a fan of Martha Stewart qua homemaker because I am not a fan of homemaking, just of industry and excellence. But I am a) tired of envy-ridden louts who mob together to lynch their betters whenever they see a drop of blood on the carpet; and b) feeling a little guilty about never having gotten around to doing a "hero" profile of Martha Stewart when I was editing The Daily Objectivist, as had been requested by TDO publisher Chris Johnson.

So here's my two cents now, finally: Martha Stewart is okay, and her critics are cruds.

--David M. Brown, 6/23/02

RECOMMENDED READING

Getting What You Want: The Seven Principles of Rational Living, Robert J. Ringer. A vintage Ringerian blend of anecdote and insight. GET IT

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