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In a screenshot from a Mitt Romney ad, Romney stands in front of coal miners whose boss had made attendance at Romney's speech mandatory and unpaid.
Mitt Romney must have really liked his campaign event using coal miners as a backdrop after their employer, Murray Energy, made attendance mandatory and unpaid, though they lost paid work time to attend. Romney liked it so much, in fact, that his new ad attacking President Barack Obama for supposedly being anti-coal uses images of Romney standing in front of those miners as they lose pay to be forced to listen to him.

The substance of the ad is ridiculous, of course. Obama has hardly been anti-coal—he just hasn't been as much of an enemy of renewable energy as the right would like to see—and the market is what's really hurting coal. But those images of coal miners forced by a mine owner with a dire safety record to give up pay to attend a Romney campaign event inadvertently reveal the true place workers would have in a Romney economy.

10:31 AM PT: And the Ohio media is taking notice. The Columbus Dispatch writes:

Mitt Romney’s campaign is airing two ads in eastern Ohio that include footage of the coal miners who lost pay because he campaigned at their mine. [...]

The Romney campaign confirmed the miners shown in the two ads were the miners from Romney’s campaign stop.

Originally posted to Daily Kos Labor on Wed Sep 19, 2012 at 10:22 AM PDT.

Also republished by Daily Kos.

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Comment Preferences

  •  Just another example (22+ / 0-)

    that Mitt Romney doesn't care about hard working Americans. At. All.

    You only live once, but if you do it right, once is enough. -Mae West

    by COwoman on Wed Sep 19, 2012 at 10:25:23 AM PDT

  •  More Bad optics (13+ / 0-)

    They don't at all look like happy campers. Were they ordered to clap?

    see also

    Wind knocking over his display of drill everywhere for everything plan while belittling  renewables.

    The 1st Amendment gives you the right to say stupid things, the 1st Amendment doesn't guarantee a paycheck to say stupid things.

    by JML9999 on Wed Sep 19, 2012 at 10:28:32 AM PDT

  •  Could one of them sue... (12+ / 0-)

    ...for unlawful use of their image as endorsement (given that it was a mandatory work event), or is their attendance—despite being a job requirement—considered an implied consent to be used in a commercial?

    If it's the former, maybe UMWA should dispatch a lawyer or three to offer no-charge legal representation...

    "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

    by JamesGG on Wed Sep 19, 2012 at 10:47:10 AM PDT

    •  I would think that (0+ / 0-)

      there may be two sides. Obviously the issue being "which miner would try".

      The miner would say "you used my likeness (assuming he did not sign consent and you can see his face". Perhaps a 1st amendment issue, con law issues, intertwined with exceptions to "at-will employment". But mainly yes the likeness.

      Versus- I'd guess most of them would say we wanted to go (so not fired looking practically). And Some kind of public/implicit consent argument about using likeness knowing you are standing behind a guy who is a part of the biggest news story (I'd assume if you sit behind a speaker being televised you aren't signing any waivers as its assumed you're going to be on TV- now it's like a lawschool question where no clear answer (unless someone knows one) where if its an ad (in my opinion its a bit different) because now I am not just being covered as news but I am being used as a prop in something someone is paying to put out.

      That is me just guessing but what I'd think the two arguments when you get through the legalese.

      •  Should've quickly used lawyer's best tool- Google (0+ / 0-)

        I see an article where someone this month is complaining about Obama using a shot of their Cinci business in an ad for Obama.

        And them requesting their removal or a suit as alleged in the article " By law, you need to get legal permission to use people in political and or commercial ads."

        So I guess the "implicit you're behind him" may have some actual legislation already saying what you are.

    •  Sure, they could sue (2+ / 0-)
      Recommended by:
      cosette, LostBuckeye

      ..but s/he'd lose the lawsuit, and s/he'd lose the job.

      Every day, Romney exceeds the perception -- created from the previous day -- of some character flaw that leaves you breathless, mouth agape.

      You think he's clueless?
      You think he's callous?
      You think he's absolutely deer-in-the-headlights when he's forced to interact with anyone not in the top 1%?

      Well, just wait.. today's a BRAND NEW DAY.

    •  I knew this reminded me of something (1+ / 0-)
      Recommended by:
      LostBuckeye

      well two things.

      First the Southern Poverty Law Center Sending a Cease and Desist to some group that doctored a WEDDING PHOTO of a gay marriage that they had no rights to use.

      But today, I remember now reading this (long day), similar and I wonder if "event tickets" or something else would be the counter.

      A woman is suing the Orlando Magic because they used her in a Magic Jersey for marketing purposes. This is like as of Friday. This discussion shows the two viewpoints and suits pretty well.

      n the lawsuit, Slavin said the ads, banners and billboard have caused "uncomfortable and embarrassing encounters and questions" from friends, family and co-workers. The document alleges her public image was altered by the unauthorized use.

      "People have asked her, 'When did you get into modeling?' '' Hornsby said.

      Slavin, a social worker who assists mentally ill and homeless clients in Seminole County and volunteers to help children who have been sexually abused, did not seek attention, Hornsby said. He described her as a private person who would not comment for this story.

      The lawsuit seeks damages in excess of $15,000, the statutory limit for a civil claim in Circuit Court.

      But the civil case, alleging invasion of privacy, infringement of publicity rights and misappropriation of her likeness, is no slam-dunk for her, said Darryl C. Wilson, an expert in intellectual-property cases and a professor at Stetson University College of Law.

      As an unknown "Jane Doe," Slavin lacks valuable publicity rights, he said.

      "She's no Jack Nicholson," he said, referring to the Oscar-winning movie star who is an über-fan of the Los Angeles Lakers and front-row fixture at Laker home games.

      Wilson pointed out that a disclaimer on the back of Orlando Magic game tickets also serves as a waiver of rights. It warns that the ticket-holder is giving the NBA team "the irrevocable and unrestricted right and license" to use the holder's image in "any medium or context" and specifically mentions promotional purposes "without further authorization or compensation."

      But Slavin's lawyer said no fan reasonably expects to surrender privacy rights simply by walking into a sports venue. Hornsby said the ticket's fine print also should not serve as a waiver or permission to allow the team to "plaster your face on a bus." He argued that Slavin, a Magic fan, was not merely a face in the crowd in the basketball team's ticket campaign, but a featured star, singled out because she was young and attractive.

      He said the team offered her nothing for using her image — not even tickets.

      So you have

      A. Romney "they sought attention" standing behind me
      A1. Dissenter- I was forced to

      B. They are not famous
      B1. I am not trying to made famous and in this case you are making me say something or imply I support something I do not.

      C. If there are any disclaimers or fine print.
      C1. I was worried I'd lose my job

      Best would be them to find someone like the Southern Poverty Law Center, but a group more specific to voting/electoral fairness/speech. Get them to write a cease and Desist. Like the below:

      http://www.splcenter.org/...

      Hope I somehow helped. I don't intend to be legal advice, as I am learning this as I write. Both my examples are different. And again I am sure by speaking out any would be risking their jobs (which again is arguably I think, a Constitutional issue, and prob not yet but would be an exception if it went far enough to At will. If they weren't forced one thing. But forcing someone to attend a rally, then firing for speaking their mind if it becomes an issue, I think would be a public policy exception that could be carved out (ie you can't get fired even if at will for say 1. Serving Jury Duty 2. Reporting Crimes, so while at will "public policy" often carves out exceptions).

    •  UMWA? Are these particular guys unionized? (0+ / 0-)

      Wouldn't the fact that they were used by Massey in this fashion indicate that they are not?

  •  Corporations are people, and people are props. (14+ / 0-)

    It must be frustrating for his campaign to round up enough folks for a backdrop while Obama is getting hordes of enthusiastic people everywhere he speaks.

    "It does not require many words to speak the truth." -- Chief Joseph, native American leader (1840-1904)

    by highfive on Wed Sep 19, 2012 at 10:58:46 AM PDT

  •  "Hey boss - why are we wearing hardhats (5+ / 0-)

    and coveralls on a stage? We're not on the work site."

    "Why , Show Business, boys!  That's why! Oh by the way, rub some of this coal dust on your face..."

    Gentlemen, you can't fight in here! This is the War Room!

    by bigtimecynic on Wed Sep 19, 2012 at 11:04:14 AM PDT

  •  Interesting- someone knowing 1st Amend (1+ / 0-)
    Recommended by:
    OhioNatureMom

    better than me. I just always found interesting, is there some forced speech issue here?

  •  Mandatory unpaid attendance at an event = SLAVERY (9+ / 0-)

    Finally we get to the real foundation of The Romney Plan.

  •  Color coded for the 1% (5+ / 0-)

    See the nice White Collar Man!

    He's surrounded by not so Nice Blue Collar Men!

    They make him look good by comparison.

    /snark

    I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

    by detroitmechworks on Wed Sep 19, 2012 at 11:05:44 AM PDT

  •  Can they sue for their pictures being used without (5+ / 0-)

    permission?

    Would be sooooo sweet.

    Happy little moron, Lucky little man.
    I wish I was a moron, MY GOD, Perhaps I am!
    —Spike Milligan

    by polecat on Wed Sep 19, 2012 at 11:05:50 AM PDT

  •  they may have been forced (6+ / 0-)

    to stand behind romney at a campaign event by their employer but i bet most of them will not be voting for him on nov 6 and that is the bottom line, presuming all the votes are counted and thats a big presumption.

  •  In Romney's world screwing over the workers is not (4+ / 0-)
    Recommended by:
    OhioNatureMom, Mannie, cosette, rbird

    a flaw, it's a feature.

  •  Has anyone made any Kim Jong Il (5+ / 0-)

    comparisons yet? This seems like something he would have done.

    Yeah, well, you know, that's just, like, your opinion, man.

    by NMDad on Wed Sep 19, 2012 at 11:08:08 AM PDT

  •  The Romney Plan is... (1+ / 0-)
    Recommended by:
    Mannie

    ...Support the Executive Class, and work for free to enrich the CEO.

  •  Legal? (2+ / 0-)
    Recommended by:
    Brooke In Seattle, Mannie

    Is it legal to mandate employees attend a campaign event?

    Still, I wouldn't be surprised if most of these guys actually are Romney supporters.

    •  I Would Think It Is Illegal - Particularly If The (1+ / 0-)
      Recommended by:
      Mannie

      employees are not being paid. It's one thing for the boss to say "you must do this, because you are on the time clock, and I am paying you." But to tell employees they must do something, and NOT pay them for it - I think the NLRB should be notified about this. Although knowing how RMoney operates, his campaign probably told the mine owners to make the employees give up their (unpaid) lunch break to attend.

  •  best description at NY'r mag today (6+ / 0-)
    What is less attractive than a manifestly lucky man sulking about how everyone is jealous of him?

    and

    Lauer: I’m curious about the word ‘envy.’ Did you suggest that anyone who questions the policies and practices of Wall Street and financial institutions, anyone who has questions about the distribution of wealth and power in this country, is envious? Is it about jealousy, or fairness?
    Romney: You know, I think it’s about envy. I think it’s about class warfare.

    Mittens, oh so tender, just so tender, he cries we envy him.
  •  OT - Bush's background troops' attendance was (3+ / 0-)
    Recommended by:
    bwintx, dash888, zesty grapher

    also mandatory and unpaid.

    Coerced use of meatprops is unconscionable.

    •  Troops are paid monthly, not hourly (1+ / 0-)
      Recommended by:
      zesty grapher

      They are paid the same whether they stand behind Bush for a photo op or stand on guard duty. Besides, an "honor guard" for the C in C could even be considered a legitimate duty for a member of the military.

      These miners apparently weren't paid AT ALL for their time standing there with Mitt.

  •  its payback time for romneys staff (1+ / 0-)
    Recommended by:
    cosette

    im guessing his staff did this because they hate romney as much as the liberals do. i cant believe all of his staff are this fucking dumb. has to be payback time

    no one would put this out there who didnt have an ulterior motive

    "With malice toward none, with charity for all..." -Abraham Lincoln not a modern republican

    by live1 on Wed Sep 19, 2012 at 11:11:12 AM PDT

  •  Look at that body language (3+ / 0-)
    Recommended by:
    Mannie, cosette, zesty grapher

    Crossed arms. Grim faces. There's a real marketing genius working over there...

    Stephanie Dray
    Author of Historical Fiction (Berkley Books)

    by stephdray on Wed Sep 19, 2012 at 11:13:10 AM PDT

  •  Those miners are Mitt's victims, or something... (2+ / 0-)
    Recommended by:
    Mannie, cosette

    Seeing as how no federal income taxes were collected from them for the time they were being used as props.

  •  Can we have a front page poll....? (1+ / 0-)
    Recommended by:
    Mannie

    On who's a bigger dick: a) Romney or B) George W. Bush?

    Romney unbelievingly took the lead with his hatred of the poor and middle class and his gleeful response to the death of a diplomat. I never would have thought anyone could be a bigger dick than Shrub, but here you go.

    Anyone else feel the same way?

    No snowflake in an avalanche ever feels responsible.

    by Magster on Wed Sep 19, 2012 at 11:13:51 AM PDT

  •  They could offer me time and a half and I.... (0+ / 0-)

    ...still wouldn't be in his ad.

    Double time? You're tempting me....

    But only if I can wear my Groucho mask.

    "So, am I right or what?"

    by itzik shpitzik on Wed Sep 19, 2012 at 11:14:20 AM PDT

  •  I wish Obama was anti-coal... (0+ / 0-)

    Dammit Republicans stop toying with my fantasies. Pretending Obama is a socialist, when he's anything but, and now this!

    NOW SHOWING
    Progressive Candidate Obama (now - Nov 6, 2012)
    Bipartisan Obama returns (Nov 7, 2012)

    by The Dead Man on Wed Sep 19, 2012 at 11:17:20 AM PDT

  •  just flabbergasted (2+ / 0-)
    Recommended by:
    radv005, RainyDay

    day after day his campaign confirms the meme that he does not care about workers, employees, the middle class.  the incompetence!  he may be more incompetent than bush ii.  at least he could run a campaign.

  •  Should photoshop in Chinese prison laborers (1+ / 0-)
    Recommended by:
    radv005

    behind Willard.

    "We don't need someone who can think. We need someone with enough digits to hold a pen." ~ Grover Norquist

    by Lefty Coaster on Wed Sep 19, 2012 at 11:21:21 AM PDT

  •  Wow truly a Potemkin campaign (1+ / 0-)
    Recommended by:
    GOPGO2H3LL

    Then again W in 2004 only hung out with the troops and as Commander in Chief they had to show up, look happy and shout on his behalf.  

  •  That'll go over well. (0+ / 0-)

    Once in a while you get shown the light, in the strangest of places if you look at it right. I'm riding for MS in September. Please donate here if you can.

    by darthstar on Wed Sep 19, 2012 at 11:22:20 AM PDT

  •  Those miners (1+ / 0-)
    Recommended by:
    GOPGO2H3LL

    don't look too happy.

  •  He really has... (2+ / 0-)
    Recommended by:
    Jasonhouse, GOPGO2H3LL

    A low opinion of the American voter, doesn't he?  It doesn't matter if the welfare commercial is a complete lie, the people believe anything they see on TV.  47% of the public are complete idiots and will never vote for me - so I don't give a shit about them.  I need to look like workers like me, so I will use a photo with a bunch behind me that were forced to be there, without pay.  Nobody will care, because nobody has time to be informed.  They are just a bunch of mindless rubes who only believe what they see on TV - uncritically and without question.

    Why is Mitt Rmoney so happy that an American embassy was attacked? Why does he hate America?

    by RichM on Wed Sep 19, 2012 at 11:25:36 AM PDT

  •  How to post youtube vids? Please help! (0+ / 0-)

    I looked at Dkospedia and it says to do this...

    To embed YouTube videos, put the word youtube and the video ID of the clip in question in a double set of parentheses: ((youtube vid-id)). YouTube URLs are of the format http://www.youtube.com/... ; the video ID is everything after the equals sign, so for this example, you would type ((youtube 9MpOy1ujOYo)).
    But when I do that, all I get is this in the preview of my post...
    ((youtube aow69yy4UQU))
    Please help!

    "We see things not as they are, but as we are." - John Milton

    by Jasonhouse on Wed Sep 19, 2012 at 11:31:15 AM PDT

  •  Beatific Mitt is bathed in glorious white light (4+ / 0-)
    Recommended by:
    Marjmar, cosette, radv005, Actbriniel

    ...while the working grunts behind him are plunged into darkness.

    Who produced this ad, the Obama campaign?

    LMAO

  •  One long, painful, torturous V8 moment... (2+ / 0-)
    Recommended by:
    dash888, GOPGO2H3LL

    ...the Romney campaign is.

    Unf'ingbelievable.

    "The most potent weapon in the hands of the oppressor is the mind of the oppressed." ~ Steven Biko

    by Marjmar on Wed Sep 19, 2012 at 11:34:25 AM PDT

  •  In a top-of-the-show interview last month on (1+ / 0-)
    Recommended by:
    GOPGO2H3LL

    Bill Maher, the guest was the director of Carbon Nation, Peter Byck.:

    Maher: But you know these people think they're going to lose their jobs. I mean you make this economic case, but it doesn't resonate really with people who live paycheck to paycheck.

    Byck: Well it does if you say, hey would you rather be in a hole digging up coal, or would you rather be in a building doing retrofitting and putting windows in? And there's many, many, many, many, many more jobs to retrofit buildings then there ever are for coal jobs. And when you go to Kentucky and West Virginia ... (long applause) ... It's true. When you go to Kentucky and West Virginia, the poorest areas are where they mine coal. So if mining coal is such a great economic deal for the people who do it, why is that?

    “Mitt Romney is the only person in America who looked at the way this Congress is behaving and said, ‘I want the brains behind THAT operation.’ ” — Tom Perriello

    by hungrycoyote on Wed Sep 19, 2012 at 11:35:00 AM PDT

  •  Coal Industry hit by Ayn Randian free market (0+ / 0-)

    Alpha Resources is shutting down some coal operations..can't compete with cheap cheap natural gas. There is so much US natural gas on supply that there is talk of exporting US natural gas to help boost market prices again. EPA regs are not shutting down coal companies.

  •  Moochers (4+ / 0-)

    Of course while they weren't earning any money standing there they also weren't paying any federal income tax on the money they didn't earn.

    The Romney Plan

  •  The Columbus Dispatch is ... (3+ / 0-)
    Recommended by:
    GOPGO2H3LL, LostBuckeye, Actbriniel

    traditionally a conservate newspaper.  I am surprised they are calling him out on this.  The workers were mandated to come ready to work and many drove up to an hour to get there.

    When challenged about this by a local radio station, who workers contacted annonymously,  the spokesperson confirmed that it was manditory participation but they didn't "Force" anyone to be there and they didn't fire anyone who didn't show up.  Besides, he said it would have been illegal to pay them to attend a political event.

    Romney told the crowd of workers, "You've got a great boss".  Yea, what an outstanding SOB, he didn't fire you if you didn't obey his illegal demand.

    "Perhaps the sentiments contained in the following pages, are not YET sufficiently fashionable to procure them general favour..."

    by Buckeye Nut Schell on Wed Sep 19, 2012 at 11:42:35 AM PDT

  •  Coal miners attendance was mandatory.... (4+ / 0-)

    Click to read Coal miners lost pay when Mitt Romney visited their mine to promote coal jobs by Sabrina Eastlin, Cleveland Plain Dealer

    The Pepper Pike company that owns the Century Mine told workers that attending the Aug. 14 Romney event would be both mandatory and unpaid, a top company official said Monday morning in a West Virginia radio interview.

    A group of employees who feared they'd be fired if they didn't attend the campaign rally in Beallsville, Ohio, complained about it to WWVA radio station talk show host David Blomquist. Blomquist discussed their beefs on the air Monday with Murray Energy Chief Financial Officer Rob Moore.

    Click to Listen to
    West Virginia Radio Station WWVA Dave Blomquist recording
  •  Workers. (0+ / 0-)

    If you can't exploit them, what's the point?

    If they were truly deserving humans, they wouldn't be lowly workers in the first place. It's against nature and God to not exploit them.  They deserve, nay require to be exploited.

    The fuckin' victims.

    VULTURE/VOUCHER 2012. FUCK YOU, MIDDLE CLASS!

    by GOPGO2H3LL on Wed Sep 19, 2012 at 11:45:53 AM PDT

  •  Said upthread- Re "Is it Legal" (0+ / 0-)

    I am by no means an expert, and assume there will be suits like this coming. And as no one threw their guess I might as well try as it is interesting.

    But I would guess if you were forced to attend, you are not going to risk your job (just like you didn't risk by accepting the Company's requirement)

    But if someone did. I'd say they'd have a suit, winnable? Depends. Two recent examples.

    First the Southern Poverty Law Center Sending a Cease and Desist to some group that doctored a WEDDING PHOTO of a gay marriage that they had no rights to use.

    But today, I remember now reading this (long day), similar and I wonder if "event tickets" or something else would be the counter.

    A woman is suing the Orlando Magic because they used her in a Magic Jersey for marketing purposes. This is like as of Friday. This discussion shows the two viewpoints and suits pretty well.

        n the lawsuit, Slavin said the ads, banners and billboard have caused "uncomfortable and embarrassing encounters and questions" from friends, family and co-workers. The document alleges her public image was altered by the unauthorized use.

        "People have asked her, 'When did you get into modeling?' '' Hornsby said.

        Slavin, a social worker who assists mentally ill and homeless clients in Seminole County and volunteers to help children who have been sexually abused, did not seek attention, Hornsby said. He described her as a private person who would not comment for this story.

        The lawsuit seeks damages in excess of $15,000, the statutory limit for a civil claim in Circuit Court.

        But the civil case, alleging invasion of privacy, infringement of publicity rights and misappropriation of her likeness, is no slam-dunk for her, said Darryl C. Wilson, an expert in intellectual-property cases and a professor at Stetson University College of Law.

        As an unknown "Jane Doe," Slavin lacks valuable publicity rights, he said.

        "She's no Jack Nicholson," he said, referring to the Oscar-winning movie star who is an über-fan of the Los Angeles Lakers and front-row fixture at Laker home games.

        Wilson pointed out that a disclaimer on the back of Orlando Magic game tickets also serves as a waiver of rights. It warns that the ticket-holder is giving the NBA team "the irrevocable and unrestricted right and license" to use the holder's image in "any medium or context" and specifically mentions promotional purposes "without further authorization or compensation."

        But Slavin's lawyer said no fan reasonably expects to surrender privacy rights simply by walking into a sports venue. Hornsby said the ticket's fine print also should not serve as a waiver or permission to allow the team to "plaster your face on a bus." He argued that Slavin, a Magic fan, was not merely a face in the crowd in the basketball team's ticket campaign, but a featured star, singled out because she was young and attractive.

        He said the team offered her nothing for using her image — not even tickets.

    So you have

    A. Romney "they sought attention" standing behind me
    A1. Dissenter- I was forced to

    B. They are not famous
    B1. I am not trying to made famous and in this case you are making me say something or imply I support something I do not.

    C. If there are any disclaimers or fine print.
    C1. I was worried I'd lose my job

    Best would be them to find someone like the Southern Poverty Law Center, but a group more specific to voting/electoral fairness/speech. Get them to write a cease and Desist. Like the below:

    http://www.splcenter.org/....

    Hope I somehow helped. I don't intend to be legal advice, as I am learning this as I write. Both my examples are different. And again I am sure by speaking out any would be risking their jobs (which again is arguably I think, a Constitutional issue, and prob not yet but would be an exception if it went far enough to At will. If they weren't forced one thing. But forcing someone to attend a rally, then firing for speaking their mind if it becomes an issue, I think would be a public policy exception that could be carved out (ie you can't get fired even if at will for say 1. Serving Jury Duty 2. Reporting Crimes, so while at will "public policy" often carves out exceptions).

  •  Miners (2+ / 0-)
    Recommended by:
    LostBuckeye, zesty grapher

    My grandfather was a coal miner in wheelwright kentucky in the 1930's. He worked 12+ hours a day in the company mine for company script and lived in a company house. He worked for food at a local farm to keep my infant father alive after his 3 year old daughter died of malnutrition. My grandmother didn't understand what the doctor said, she says the girl just starved to death if you ask her. There was only the company clinic in the company town. The whole town was segregated, even at the bottom, there are victims. My grandfather was almost killed in a 3ft tall mine when a boulder crashed down on his back. It took hours for the miners to dig him out using nothing but picks and shovels. They left him lay in the clinic without so much as cleaning the coal dust and blood off because they figured he would die anyway. He didn't die, he learned to walk again (leg braces). By then the UMWA made sure that man had health care and a pension including black lung compensation. The govenrment fixed the houses and sold them to the families that lived in them after the company pulled out ($1 a house if you lived there long enough). My father got out of the hills, and I ran even further. I remember the UMWA, they fought a war against the corporation and gave my grandfather a dignified retirement. Every time I hear the word 'voucher' I hear company script. Please America, don't go back.

    I could care less about your apathy...

    by Shippo1776 on Wed Sep 19, 2012 at 11:48:40 AM PDT

  •  This should definitely help Mitt (0+ / 0-)

    with the white working class (aka Victims) in Ohio.

    VULTURE/VOUCHER 2012. FUCK YOU, MIDDLE CLASS!

    by GOPGO2H3LL on Wed Sep 19, 2012 at 11:48:46 AM PDT

  •  Can't even come up with a comment. n/t (0+ / 0-)
  •  Romney must secretly sympathize with OWS (0+ / 0-)

    He's celebrated its one-year anniversary with actions that dramatize why Occupy Wall Street was founded much more effectively than any protest or action they themselves took have.

  •  In Ohio it appears to be statutorily illegal (3+ / 0-)
    Recommended by:
    Shippo1776, radv005, zesty grapher

    This happened in OH correct?

    First-

    Ohio Revised Code3599.05 Corrupt practices - employer shall not influence political opinions or votes of employees.

    No employer or his agent or a corporation shall print or authorize to be printed upon any pay envelopes any statements intended or calculated to influence the political action of his or its employees; or post or exhibit in the establishment or anywhere in or about the establishment any posters, placards, or hand bills containing any threat, notice, or information that if any particular candidate is elected or defeated work in the establishment will cease in whole or in part, or other threats expressed or implied, intended to influence the political opinions or votes of his or its employees.

    Whoever violates this section is guilty of corrupt practices, and shall be punished by a fine of not less than five hundred nor more than one thousand dollars.
    So that is from Title 35 of the Ohio Revised Code

    So it would appear use of likeness is not an exception under the political exception as it violates Title XXXV:

    2741.02 Using individual's persona for commercial purpose without authorization.

    (A) Except as otherwise provided in this section, a person shall not use any aspect of an individual’s persona for a commercial purpose :

    (1) During the individual’s lifetime ;

    (2) For a period of sixty years after the date of the individual’s death; or

    (3) For a period of ten years after the date of death of a deceased member of the Ohio national guard or the armed forces of the United States.

    (B) A person may use an individual’s persona for a commercial purpose during the individual’s lifetime if the person first obtains the written consent to use the individual’s persona from a person specified in section 2741.05 of the Revised Code. If an individual whose persona is at issue has died, a person may use the individual’s persona for a commercial purpose if either of the following applies:

    (1) The person first obtains the written consent to use the individual’s persona from a person specified in section 2741.05 of the Revised Code who owns the individual’s right of publicity.

    (2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual’s death.

    Exception (which I don't think applies because it violates as above) from what I gather? So I'd think it not an exception . . .
    (D) For purposes of this section:

    (2) A use of an aspect of an individual’s persona in connection with any political campaign and in compliance with Title XXXV of the Revised Code does not constitute a use for which consent is required under division (A) of this section.

    Assuming no exception applied:

    2741.07 Damages in civil action to enforce publicity right.

    (A)(1) A person who violates section 2741.02 of the Revised Code is liable in a civil action to the person injured by the violation for the following:

    (a) Actual damages, including any profits derived from and attributable to the unauthorized use of an individual’s persona for a commercial purpose as determined under division (A)(2) of this section;

    (b) At the election of the plaintiff and in lieu of actual damages, statutory damages in the amount of at least two thousand five hundred dollars and not more than ten thousand dollars, as determined in the discretion of the trier of fact, taking into account the willfulness of the violation, the harm to the persona in question, and the ability of the defendant to pay a civil damage award; [I'd assume pretty severe as a violation otherwise and Speech being so important]

    (c) If applicable pursuant to section 2315.21 of the Revised Code, punitive or exemplary damages.

    (2) The trier of fact shall include any profits derived from and attributable to the unauthorized use of an individual’s persona for a commercial purpose in calculating the award of actual damages under division (A)(1)(a) of this section.

    [If they get fired they can bring the action it would seem in 4 years?]

    (C) An action under this section shall be brought within four years of a violation of section 2741.02 of the Revised Code.

    (D) A court in which an action under this section is brought may do any of the following:

    (1) Award the prevailing party reasonable attorney’s fees, court costs, and reasonable expenses associated with the civil action;

    (2) Award treble damages against a party identified in division (E) of section 2741.02 of the Revised Code who has knowledge of the unauthorized use of the persona as prohibited by section 2741.02 of the Revised Code;

    (3) Order temporary or permanent injunctive relief;

    (4) Order the impoundment, on terms the court considers reasonable, of both of the following during the pendency of a civil action under this section:

    (b) Plates, molds, and matrices, or the specific violative portions of masters, tapes, negatives, digital recordings, electronic media, or other items, from which products, merchandise, goods, or other materials may be manufactured or reproduced.

    (E) As part of a final judgment, a court may order the destruction or other reasonable disposition of items described in division (D)(4) of this section.

  •  Weren't they also force-sooted? (0+ / 0-)

    Wasn't the mine closed that day?  How did they get covered in soot without going to work? Did they sleep in yesterday's soot? More likely they were force-sooted for the optics.

  •  Romney's EW moment (1+ / 0-)
    Recommended by:
    Julia Grey

    In watching the clip of this event, the thing that stood out to me was watching Romney bound on to the stage and then seem to recoil from the collection of hardhat workers on stage. He did not shake a single hand. Guess he was afraid of getting any of that coal dust on those pinkies or dare touch the proletariat.

  •  Rich Mitt should at least have the decency... (0+ / 0-)

    To pay them himself.

    Don't hold your breath waiting...

    "Do you believe Romney? Me neither."

    by PlinytheWelder on Wed Sep 19, 2012 at 02:57:53 PM PDT

  •  No pay, *and* forced to hear Rmoney (0+ / 0-)

    Injury, this is insult...I believe you've met before!

    If you want your government to fail, then don't be surprised if it fails you when you need it the most.

    by rmoore on Wed Sep 19, 2012 at 04:15:17 PM PDT

  •  Thanks for the diary. (0+ / 0-)

    "Let us never forget that doing the impossible is the history of this nation....It's how we are as Americans...It's how this country was built"- Michelle Obama

    by blueoregon on Thu Sep 20, 2012 at 09:32:09 AM PDT

  •  Miners (0+ / 0-)

    "Could be" in violation of labor laws?? Really??? You mean there's a possibility it could be legal for a company to do that, to force their workers to attend, unpaid, a campaign event? This has to be at the very least two criminal violations, for labor laws and also elections laws. No, civil isn't enough. It has to be criminal and if this kind of crap is legal then the Democrats have some work to do. The Republicans won't do it of course, they're too busy having wide stances with the rich people who pull that kind of crap.

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