WARNING: This site deals only with the corporate corruption of science, and makes no inference about the motives or activities of individuals involved.
    There are many reasons why individuals become embroiled in corporate corruption activities - from political zealotry to over-enthusiastic activism; from gullibility to greed.
    Please read the OVERVIEW carefully, and make up your own mind.

OPINION ONLY

The Freedom of Expression Foundation (FEF) with its Institute and side operations, was inextricably linked to the Institute for Freedom of Communications. These organisations appear to have been founded by Senator Robert Packwood of Oregon, both as influence organizations, also for back-door fund-raising.

The President and driving force of the FEF was Craig R Smith who later established the Friends of Commercial Speech as a subsidiary, using funding and services from the alcohol industry.

Smith and the FEF, then raised enough money from their sponsors to endow a Center for the Study of the First Amendment at the State University California, Long Beach.

A long list of sponsors — advertising and broadcasting companies, newspapers and magazines, beer and softdrinks, automobile, oil, gasoline, tyres, aviation, satellites, plastics, boat makers, and anything you can name which requires advertising — is listed here as sponsors of the Freedom of Expression Foundation and the Institute for Freedom of Communications (both housed in a small Washington DC townhouse.)

See list on page 18 http://legacy.library.ucsf.edu/tid/ung38b00/pdf

The FEF and its associated think-tanks are also obviously part of the network joined to The Media Institute, which has its First Amendment Centers.These are all advocacy organizations not scholarly or academic in nature.

Some key documents

• A 501(c)3 not-for-profit organisation run by Dr Craig R Smith President as a front for Senator Robert Packwood. He was later given a sinecure at the California State University, Long Beach — but only because this privately funded and controlled foundation endowed the University with enough cash to give him the title of "Professor".

• The Counsel for the Freedom of Expression foundation was John C Armor (in 1981)

• Note: there are also Firt Amendment Centers at Vanderbilt University in Nashville Tenn, and also in Washington DC. These are all linked through

an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. Its offices on the Vanderbilt campus are located in the John Seigenthaler Center; and in Washington, at the Newseum.

    The center's programs provide education and information to the public and groups including First Amendment scholars and experts, educators, government policy makers, legal experts and students. The center is nonpartisan and does not lobby or litigate.

• See material on "Commercial Speech" http://www.abuse.net/commercial.html

1936: Voluntary Ban on distilled spirits advertising on radio

1948: Voluntary Ban on distilled spirits advertising on US TV.

1975: The first major judgement giving commercial speech parity with other forms of protected speech.

1980: According to Barry Lynn of the ACLU, the Supreme Court in the Central Hudson case set up a test that advertising bans had to pass:

1. Is it misleading or does it propose unlawful transactions?
2. Does it directly advances a substantial government interest?
3. Is it more extensive than necessary to serve that interest?

1982: (2nd Session of Congress) Hearings Before the Senate Committee on
    Commerce, Science and Transportation on "Freedom of Expression"

1983: (2nd Session of Congress) Hearins on a Freedom of Expression Act. Craig Smith as President of the FEF gave evidence at the Hearings before the Senate Committee on Commerce Science and Transportation.

1983: Craig R Smith says he established the Freedom of Expression Foundation as a Tax-free 501(c)3 organisation during the first Reagan Administration (Congress was Democrat) In fact it appears to have been established by Senator Robert Packwood along with the Institute. Craig R Smith was his aide who became President.

1984: About this time he sent the Tobacco Institute his CV. He is residing in Alexandria, Virginia and is a rabid Republican apparatchik.

1984: The Foundation has:

• participated in new Hearings Before the Senate Committee on Commerce, Science and Transportation"
• published John C. Armor, Substance and Shadows, The Original Meaning of Freedom of the Press, (Washington, D.C.:- Freedom of Expression Foundation,1984)

1984 Sep 5: Notice of Inquiry in Gen. Docket No. 84-282, FCC 84-140, 49 Fed.
    Reg. 20317 (Comments of the Freedom of Expression Foundation).

1985 Mar 20: Anne Duffin at the Tobacco Institute has been investigating Senator Packwood's foundations and is reporting to the head of PR, Bill Kloepfer. They are looking for a front in their advertising-ban battle, and clearly they don't know Craig R Smith at this time. [A handnote suggests they get him in for a discussion the next day — so, he must have made an approach to them for funding]

This could be the coalition that Terry Maguire of ANPA [Am. Newspapers Publishers Assn.] mentioned when we discussed the proposed beer and wine broadcast advertising ban — although I don't see Media General on the list of supporters and chances are the Freedom of Expression Foundation could not legally participate in lobbying.

The foundation and the Institute for Freedom of Communication are one and the same. The latter was formed because many early supporters of the foundation, formed by Sen. Packwood to work for elimination of the Fairness doctrine, felt they could not give money to a Packwood-sparked group.

    I'm asking the library for copies of several of the cigarette-related references in the Craig Smith testimony...

1985 Apr 9: Anne Duffin reports that she has

• Continuing review and and contact work with possible coalition groups;
• met with Institute for Freedom of Communication 4/9.

1985 May 5: The Tobacco Industry report to its Executive Commitee says:

Freedom of Expression Foundation, a group originally established to challenge the FCC's "equal time provisions", which have the effect of limiting commercial speech.

    Dr. Craig Smith, director of the Foundation and a candidate for Chairman of the Federal Communications Commission, has provided support via academic lectures, statements and position papers.

1986 March 4: Joel Bolstein is signing letters to Fred Panzer the Tobacco Institute. His position is Research Director, and he is sending them a listing of the Freedom of Expression Foundation's Board of Directors and its Policy Advisory Board.

In addition, I have included that of our sister organization, the Institute for Freedom of Communication. Both were started by Senator Bob Packwood in 1983 and have been in the forefront of efforts to defend commercial speech (please see enclosed excerpts from Dr. Smith's testimony at Senator Hawkins1 hearings on banning beer and wine advertising).

    [W]e do NOT represent a single industry association or lobbying group. Instead, we are a non-profit research organization with an enormously broad base that brings much more credibility to our testimony before Congress than any other group.

1986 Mar 13: Anne Duffin at the Tobacco Institute to her superior, Peter Sparber on a recent report on Smoking and Advertising.

    She is providing background on their involvement in the promotion of the "Helping Youth Decided" (HYD) program which they have now extended to Hispanic communities (via LULAC and other). This document lists their involvement in CASE (sports sponsorship lobby); the NASBE and consultant Jolly Ann Davidson; education consultant James Peterson; children researcher Glen Smith. It also lists a range of strategies:

Strategy III: Develop and focus public support of First Amendment rights and freedom of choice.
Reportable items
      Goals and Tactics:

1. Cosponsor a symposium on the First Amendment and Commercial Speech, for second quarter 1987.
         To be implemented gradually as liaison with advertising and publishing trade groups, ACLU, etc., develops in connection with AMA ad ban and tax deduction denial fights.
   
   
2. Spin off new Freedom of Speech Foundation, from symposium's national advisory and steering committees, to make national print, broadcast awards.
         No action contemplated presently. See above.
   
   
3. Maintain Freedom of Expression Foundation contact.
         Support enrolled by [Fred] Panzer for both ad issues.

1986 Mar 13: A weekly Report from Walter Woodson at the Tobacco Institute first mentions the new tax plan by Senator Packwood.

Weeklong checking on budget reconciliation situation,..and early work on Packwood tax plan,

1986 Apr 3: CONFIDENTIAL report on the Packwood Tax Plan being circulated within the Tobacco Institute.[mainly scuttlebut]

Wyoming counsel Bill Thomson reports that his White House sources say [President] Reagan is getting "bad advice" on tax reform ... Thomson says Reagan has been persuaded to sign "anything" from the senate that has the tax reform label ... idea is that White House can then say Reagan has made the most sweeping tax changes since JFK.

    Packwood met with Peter Rupp, Chairman of trucking outfit Freightliner ... Packwood told him that this entire tax package was a "trial balloon" he had launched at the White House's request ... Packwood added that he "didn't give a damn about [keeping] the ad valorem" tax in the bill ... that same message was relayed to representatives of the Oregon Truckers Assn. and a Anheiser-Busch rep...Graham believes these comments were made in large measure because of contacts generated thus far.

1986 Apr 11: Sparber receives a report from Anne Duffin about their plans for The Freedom of Expression Foundation. It says:

Goals and Tactics:

1. Cosponsor a symposium on the First Amendment and Commercial Speech, for second quarter 1987.
         To be implemented gradually as liaison with advertising and publishing trade groups, ACLU, etc., develops in connection with AMA ad ban and tax deduction denial fights.
         Plan to discuss with Craig Smith of Freedom of Information Foundation on his return to Washington mid-April.
   
   
2. . Spin off new Freedom of Speech Foundation, from symposium's national advisory and steering committees, to make national print, broadcast awards.
         No action contemplated presently. See above.
   
   
3. Maintain Freedom of Expression Foundation contact.
         Renewed contact with director Craig Smith and plan lunoh meeting after April 15. See Tactic 1, above.
         Support enrolled by Panzer for both ad issues.

1986 May 21: Craig Smith now has Congressman Packwood acting as a direct recruiter for the Foundation. Packwood is writing a personal letter to the CEO's of the tobacco companies [Here Robert Ave of Lorillard] [which itself is an implied threat ... should they choose not to take his advice and join]

Dr. Smith urged your company to join our coalition. Let me take this opportunity to endorse his request for Lorillard's support of the Foundation.

    If you would like to earmark a contribution for a specific project, please consider the Foundation's videotaped lecture series on the First Amendment. I am enclosing a 20 minute VHS tape which includes introductions to this lecture series that Dan Rather, Tom Brokaw, Tom Jarriel, Daniel Schorr and I have provided. Once you've had time to view that tape, you'll have a good idea of what the Foundation proposes to make available to campuses across the nation during the bicentennial of the Constitution.

    Philip Morris has generously supported the work of the Foundation with a $15,000 contribution and it's my understanding that RJ Reynolds is in the process of making a similar tax-exempt contribution. Lorillard's support for this project would mean a lot to me ....

1986 June 9: This Press Release gives an outline of the Freedom of Expression Foundation, saying that it is "a non-profit, research organization,[which] has consistently opposed restricting the advertising of legal products. " In this release, Smith calls upon the spirit of the Revolution to endorse his position:

Clearly, any attempt to tax free speech would have to meet the strict tests the Supreme Court has set for it. The Congress would be wise to remember that this nation was founded in protests over illegal taxes.imposed by a foreign government.

    Patrick Henry's first court test came in a case involving the British taxation of tobacco." The seedbed of the revolution was cultivated in 1765 when the British imposed a Stamp Tax on the colonies in America- Patrick Henry's eloquent call for resistence led to the formation of a revolutionary corps. The., tea tax of 1775 led to the'incidents in Boston Harbor that united the colonists against their oppressors.

1986 June 11: Fred Panzer at the Tobacco Institute is circulating Freedom of Expression Foundation press release to the in-house executive lawyers (here Arthur Stevens of Lorillard)

Following up on our conversation today, I am enclosing a press release issued by the Freedom of Expression Foundation.

    The statement attacks anti-tobacco advertising bills ranging from ad bans to ad taxes. The Bradley and Stark bills are specifically cited. The statement was timed for release the same day the Synar bill was introduced. TI and member company government relations staff are using it on the Hill.

    Anne Duffin plans to provide some funding to the Foundation for Craig Smith's lectures.

1986 June 18: Smith has written to Henry Waxman at the House asking to testify at his hearings on the AMA/Synar (advertising of tobacco) legislation. He fails to mention his associations with the tobacco industry.

The Freedom of Expression Foundation, is a non-profit research organization dedicated to informing the public about its First Amendment rights. Aside from the many research publications we have made available, and my lectures on more than 35 campuses, we have entered several law suits as friends of the court to uphold the First Amendment rights of boradcasters. Our broad based coalition extends from the Motion Picture Association to several unions to major corporations across America.

1986 June 24: Sam Chilcote advises the TI's Executive Committee that

Chairman Henry Waxman of the House Health and Environment Subcommittee has scheduled oversight hearings July 21 on tobacco advertising and promotional practices.

• Advertising Industry. Over the past year, our strategy has been to encourage the advertising industry to take the visible lead on this issue.
  
  
• Members of Congress. We are now attempting to recruit Members willing to testify. As with all other friendly witnesses, we will offer assistance in drafting testimony.
  
  
• Constitutional law expert, Prof. Burton Neuborne, New York University.
  
  
• Prof. J. J. Boddewyn, Baruch College, City University of New York; who recently edited two studies for the International Advertising Association. (IAA).
  
  
• Sports Promotion. Two years ago, with assistance from staff at RJ Reynolds, we helped form the Coalition for Affordable Sports and Entertainment (CASE). This organization is prepared to testify and assist in lobbying.
  
  
• Both the American Civil Liberties Union and the Freedom of Expression Foundation have already asked to testify and the latter will urge its members to contact the Subcommittee.

1986 June 25: Fred Panzer is circulating the copy of Craig Smith's Freedom of Expression Foundation (FEF) letter to Henry Waxman. He suggests to Sam Chilcote that

You may want to share this letter with the AAF/ANA/AAAA [The three main advertising trade associations] at the meeting tomorrow.

    You may also want to send a copy to Frank Resnick, Paul Bergson, and Arthur Stevens [Respectively Philip Morris, RJ Reynolds and Lorillard] whose companies have an interest in the FEF.

1986 June 30: /E The tactics and strategies paper for Advertising Restrictions produced by the Tobacco Institute specifies:

Strategy IV:
Continue efforts to focus public attention on First Amendment rights and freedom of choice.

    Increase the cigarette industry's credibility in defense of commercial speech by encouraging others to become involved in the whole issue.

Goals and Tactics: 1. Seek broad-based corporate cooperation with the cigarette industry in funding a symposium, The First Amendment and Commercial Speech, to be sponsored in summer 1987 by the American Civil Liberties Union and the Freedom of Expression Foundation (produced by the latter).

    Include discussion of the effects of ad restrictions on competition, free access to consumer information, freedom of choice, etc.

1986 July 1: The US Supreme Court handed down its decision against an appeal which had been won by the Posadas (Puerto Rico) casino's against the Games of Chance Act of 1948. This Act made it a condition of their licenses that

"[N]o gambling room shall be permitted to advertise or otherwise offer their facilities to the public of Puerto Rico." [...to tourists only]

    Implementing regulations prohibited the advertising of gambling parlors to the public in Puerto Rico, but permited restricted advertising through publicity media outside Puerto Rico.

1986 Aug: Craig Smith on the Witness List for the House Health and Environment Subcommittee hearing is listed as the possible spokesman for the American Newspaper Publishers Association as well as his Foundation.

1986 Aug 1: The testimony of Dr Craig R Smith of Freedom of Expression Foundation explains that FEF is a ...

"broad-based non-profit research organization supported by contributions from over 200 individuals, unions, associations and corporations"

"As a non-smoker, with no financial interests in tobacco companies, I appreciate the opportunity to comment on the proposed legislation to ban the advertising of legal products."

[Presumably, being a 'non-smoker' and having no 'financial interest in tobacco companies' is of greater significance than receiving substantial donations (c $38,000) from Philip Morris, RJ Reynolds, Lorillard and the Tobacco Institute for speaking on their behalf.]

See page 461 of 490

1986 Aug 13: Anne Duffin advises Peter Sparber that a

" July 1, Supreme Court decision on casino advertising restriction in Puerto Rico complicated any claim of First Amendment protection for cigarette brand advertising and promotional activities."

• ANPA and MPA enlisted through [Fred] Panzer efforts, joining AAAA, AAF, ANA, outdoor advertisers, ACLU and Freedom of Expression Foundation (FEF). Most testimony shared in advance.
  
  
• FEF, refused time to testify, urged its membership to contact the subcommittee in opposition to proposed restrictions.
  
  
• Request by CASE [sports sponsorship front] to testify Aug. 1 not honored by subcommittee with even a negative reply.

1986 Aug 20: Craig Smith wrote to Anne Duffin expressing his appreciation for the further $5,000 donation from the Tobacco Institute. He is now on first-name terms with "Anne" and agrees with the Institute's request for anonymity:

As you specifically requested, Anne, we will not list The Tobacco Institute as one of those whose generosity made possible the distribution of our program to broadcast departments all across the country, but never the less, we won't forget your assistance to our efforts!

1986 Aug 29: Anne Duffin at the Tobacco Institute reports to her boss, Peter Sparber.

The last of two days of congressional hearings on cigarette advertising and promotional practices completed, planning was begun for round two.

    With 1987 hearings in mind, the Institute began work with Policy Economics Group to design research on the economic impact of a ban on cigarette advertising and promotion.

Strategy III: Develop and focus public support of First Amendment rights and freedom of choice.

Goals: 1. Identify contractor, sponsors and cofunders for 1987 First Amendment event in celebration of Bicentennial of the US Constitution.
      Preliminary okay on two out of three. See Tactic 1 below.

Tactics:
1. Cosponsor a symposium on the First Amendment and Commercial Speech, for second quarter 1987.
         Craig Smith of Freedom of Expression Foundation selected tentatively to run the symposium on contract.
         Barry Lynn is sanguine ACLU would serve as cosponsor.
         Must explore other private sector funding and research appropriate 1987 date.
   
   
2. Spin off new Freedom of Speech Foundation, from symposium's national advisory and steering committees, to make national print, broadcast awards.
         Less costly concept is evolving, per 1987 issue plan to develop an annual award, to be given at symposium, for outstanding devotion to traditional protections of the First Amendment.
   
   
3. Strengthen Freedom of Expression Foundation contact.
         TI this month sent a small grant for FEF's taped lecture series on the First Amendment, joining three member companies.
   
   
4. Explore First Amendment opportunity with news media professional and trade unions.
         Need to discuss with Scott Stapf.

1986 Oct 26: Craig Smith has told Anne Duffin that

Senator Packwood plans to-send a printed version of this new Freedom of Expression Foundation monograph, "All Speech is Created Equal," to Members of the Senate with a Dear Colleague letter. He asks if we know of anyone in the House who might do the same.

    Briefly, Smith discusses here these categories of speech — commercial and non-commercial, broadcast and print — and, nor surprisingly, makes these recommendations:

1. Repeal the Fairness Doctrine
2. Protect corporate speech and
3. Reestablish one First Amendment Standard for all communicators

What suggestions can. we pass on to Craig Smith?

1986 Dec: The Foundation and Institute now have staff members Thomas Luhnow (Exec Director) and Joel Bolstein (Research Director)

    Luhnow came from the Institute for Freedom of Communications.

1986 Dec 8: There must have been some falling out between the Tobacco Institute and Senator Packwood in the previous few months. President Ronald Reagan was desperately trying to raise some funds while giving the wealthy tax breaks, and Senator Packwood has renewed his suggestion of using excises.

    The Packwood Tax Plan attempted to impose special excise taxes on tobacco, alcohol and fuel (in the oil crisis years) to reduce use, and he also wanted to make these cigarette taxes and tariffs non-deductable for federal income tax purposes.

Sam Chilcote is summing up the Tobacco Institute's activities in fighting this move. Their main tactics are:

• A major study done for the TI by Policy Economics Group
• Another commissioned from DeSeve Economics for the Coalition Against Regressive Taxation (CART) [which was a front organisation, funded by tobacco to provide 'grassroots' cover.]
• A paper on the "Burden of Tobacco Taxes on Selected Demographic Groups" [To prove that the burden fell most on those who could afford smoking (and health care) the least.]
• Some booklet trying to rabble-rouse the Hispanic and Black communities and make them believe Packwood is attacking them racially [Using the 'disadvantaged' and regressive tax arguments].
• A Citizens for Tax Justice 'poll' on attitudes. and a Coalition Against Regressive Taxation document.[Both general front groups for the cigarette and alcohol]
• Many op-eds commissioned from a network of cash-for-comment academic economists.

1987 Feb 3: The Tobacco Institute reports that:

Craig Smith, Freedom of Expression Foundation, is a stalwart opponent of advertising bans. Several foundation materials are available:

• Brochure on the right to advertise, entitled "All Speech is Created Equal," It has been sent to all Senators via a Dear Collegue letter from Sen. Packwood.
• A video tape lecture series to be donated to colleges and universities. TI and member companies helped fund this project last year.

1987 Feb 12: A CONFIDENTIAL Tobacco Institute memo discusses

the proposed organization, budget, and activities of the Freedom to Advertise Coalition, Inc.

The Coalition would be composed of four principal members — AAAA, AAF, ANA, and MPA [Advertising trade organizations] — and additional associate members, such as the Tobacco Institute, the Smokeless Tobacco Council, DISCUS [Distilled Spirits lobby], and other trade associations and companies that share the Coalition's concerns about the enactment of legislation that would restrict the advertising of lawful products.

Groups, such as the National Association of Broadcasters and the ACLU, will be encouraged to assist the Coalition in its efforts, even though they will not join formally as principal or associate members.

Patton, Boggs & Blow ultimately will be responsible for coordinating the lobbying and public relations efforts of the group [and be paid] up to a maximum of $200,000 per session of Congress.

1987 Feb 12: A CONFIDENTIAL Tobacco Institute memo discusses

the proposed organization, budget, and activities of the Freedom to Advertise Coalition, Inc.

The Coalition would be composed of four principal members — AAAA, AAF, ANA, and MPA [Advertising trade organizations] — and additional associate members, such as the Tobacco Institute, the Smokeless Tobacco Council, DISCUS [Distilled Spirits lobby], and other trade associations and companies that share the Coalition's concerns about the enactment of legislation that would restrict the advertising of lawful products.

Groups, such as the National Association of Broadcasters and the ACLU, will be encouraged to assist the Coalition in its efforts, even though they will not join formally as principal or associate members.

Patton, Boggs & Blow ultimately will be responsible for coordinating the lobbying and public relations efforts of the group.

    Patton, Boggs & Blow will assist in the selection and coordination of witnesses for hearings, [and they] will consult in the preparation of testimony and will coordinate the briefing of Members of Congress prior to the hearings.

    For its efforts, Patton, Boggs & Blow expects to bill the Coalition up to a maximum of $200,000 per session of Congress. Members at their discretion will be encouraged to assume the costs of particular projects, such as the preparation of research papers, and the costs associated with promotional and advertising efforts.

    Specific materials, services, and professional fees may be provided to the Coalition by other associate members. This function, carried out in close collaboration with Patton, Boggs & Blow, will involve the placement of op-ed pieces in major newspapers, meeting with editorial board writers to develop editorial support, and preparing editorial material for use by small town papers in the districts of the targets.

1987 Mar 16: Senators Packwood and Proxmire were threatening to filibuster to force abandonment of a Bill to codifiy the fairness doctrine into law.

1987 May 1: Sam Chilcote tells his Executive Committee that the threat to cigarette advertising does not look good:

Our resources fall into three categories.

Coalitions

• Freedom to Advertise Coalition (FAC), consisting of major advertising and magazine publishing trade associations (AAAA, AAF, ANA, MPA) plus the active assistance of the newspaper publishers (ANPA) as well as representatives of industries at risk.
  
  
• American Civil Liberties Union (ACLU), American Bar Association (ABA), and other First Amendment groups,
  
  
• Freedom of Expression Foundation, a group originally established to challenge the FCC's "equal time provisions" which have the effect of limiting commercial speech.

1987 May 4: In a memo to his Executive Committee, the President of the Tobacco Institute, Sam Chilcote outlines their allies in the fight to preserve advertising of cigarettes.

The purpose of this memorandum is to summarize the legislative situation, our strategies and resources.

• Freedom of Expression Foundation, a group originally established to challenge the FCC's "equal time provisions", which have the effect of limiting commercial speech.

    Dr. Craig Smith, director of the Foundation and a candidate for Chairman of the Federal Communications Commission, has provided support via academic lectures, statements and position papers.

1987 May 5: Sam Chilcote (head of Tobacco Institute) memo to the Executive Committee re. tobacco advertising ban in Canada and the US

Strategies and Programs:

• Freedom to Advertise Coalition (FAC) , consisting of major, advertising and magazine publishing trade associations (AAAA, AAF, ANA, MPA), plus the active assistance of the newspaper publishers (ANPA), as well as representatives of industries at risk.
• The Committee for Affordable Sports and Entertainment (CASE) consists of executives f'rom sports sponsored by the industry and is prepared to testify at hearings on cigarette promotion. [Actually a Philip Morris astroturf]
• American Civil Liberties Union (ACLU) , American Bar Association (ABA), and other First Amendment groups including the Reporters' Committee for Freedom, of the Press,
• Freedom of Expression Foundation, a group originally established to challenge the FCC's "equal time provisions" which have the effect of limiting, commercial speech. Dr. Craig Smith, director of the Foundation and a candidate for Chairman of the Federal Communications Commission, has provided support via academic lectures, statements and position papers.
      [This was a tobacco industry's anti-Banzhaf/Fairness Doctrine project]

1987 June 11: Senator Packwood is leaning again on Lorillard to donate to his Freedom of Expression Foundation.

Last year Lorillard was good enough to contribute $2,000 to the Freedom of Expression Foundation's videotaped lecture series. This year I hope you become a member of the Foundation, as have RJR/Nabisco and Philip Morris (their contributions average $10,000 a year).

    That program was so successful that more than 200 campuses received and are now using those lectures in subjects ranging from journalism and mass communication to advertising and law studies.

1987 July: Charles O Whitley, an ex Congressman and now a tobacco industry lobbyist, appeared before the House Committee on Ways and Means as a representative of the Tobacco Institute. He is opposing any increase in excise taxes.

1987 Sep 30: Craig Smith writes to Fred Panzer at the Tobacco Institute asking for money once again.
[He still ccs Senator Bob Packwood — and shows this on his letter to the Tobacco Institute to remind them of the political value of their donation.]

1987 Oct: /E The emphasis of the anti-smoking lobby has shifted from outright banning of all advertising, to restricting the way in which cigarettes can be advertised — ie limiting ads to "Tombstones" (packets) only.

Because these appear to do virtually no damage to the First Amendment, our opponents are encouraged to believe that the industry would lose its support from the legal scholars and the American Civil Liberties Union. Because advertising — and industry ad spending — would continue, the anti-smokers suspect that the opposition of the advertising and publishing industries would diminish. Thus, the seemingly more moderate proposals represent a significant threat to the industry.

Expand Alliance with the Freedom of Expression Foundation
Closer ties appear possible on the counter-advertising issue with this organization whose membership lobbied for the repeal of the Fairness Doctrine. For example, broadcasters objected to the FCC regulation on Constitutional speech grounds, because it mandated airing "fairness" ads or comments — conceptually very similar.to counter-advertising.

    Newspaper and magazine publishers would be similarly threatened by counter-advertising, and unlikely to be any more amenable to providing space.

    The Tobacco Institute and some of its member companies already support the Freedom of Expression Foundation. Craig Smith, Ph.D., the director, might make a good witness.

1988: Tobacco Institute document "Advertising Resources" lists

Resources:
1. Freedom to Advertise Coalition, directed by Jim O'Hara of Patton, Boggs, Blow.
2. Inter-Association Council of the Advertising Industry
3. Freedom of Expression Foundation.
4. Washington Legal Foundation, large conservative think tank.

1988 Mar 2: Representative Ted Weiss of New York has introduced a bill which would deny tax deductibility to tobacco advertisers who failed to contribute 5% of their ad budget to a fund for health awareness messages. The Tobacco Industry's counter-measures included:

We would also expand our reach to include the Freedom of Expression Foundation. This organization's membership lobbied for the repeal of the Fairness Doctrine because it mandated airing "fairness" ads or comments — conceptually very similar to counter-advertising — we may make some gains with newspaper and magazine publishers who would be similarly threatened by counter-advertising proposals.

    Craig Smith, Ph.D., the director, would make a good witness.

Status: Smith will review the Weiss bill and the general concept of counter-advertising; after which we will decide on op-ed pieces or pamphlets — or both.

1988 June 20: Senator Packwood writes again to Lorillard asking for funds and enclosing the "preface and opening chapter from a book the Foundation plans to publish this fall" [Intimating that donors will be able to provide some direction to the contents]

Like no other organization I know, the Freedom of Expression Foundation has been able to combine historic research with new public policy initiatives. Without it, I firmly believe we would still have a host of regulations that impede the free marketplace of ideas.

    For example, without their efforts at the FCC and in the courts, I believe we'd still have the fairness doctrine operating.

    Your contribution would help the Foundation distribute the book to its extensive network, including many colleges and universities across the country. It would be great if you could provide a $10,000 contribution to the Foundation's tax-exempt Education & Research Fund .

1988 June 20: Senator Packwood writes again to Lorillard asking for funds and enclosing the "preface and opening chapter from a book the Foundation plans to publish this fall." [Which could be construed as implying that donors will determine the direction to the contents.]

Like no other organization I know, the Freedom of Expression Foundation has been able to combine historic research with new public policy initiatives. Without it, I firmly believe we would still have a host of regulations that impede the free marketplace of ideas.

    For example, without their efforts at the FCC and in the courts, I believe we'd still have the fairness doctrine operating.

    Your contribution would help the Foundation distribute the book to its extensive network, including many colleges and universities across the country. It would be great if you could provide a $10,000 contribution to the Foundation's tax-exempt Education & Research Fund .

1988 July: Lawyer Denise Bode of the firm Gold & Liebengood [Howard Liebengood was a trusted long-term employee and lobbyist of the Tobacco Institute] is charging the Tobacco Institute for a "Telephone conversation with Frank Cantrell (Finance)" Cantrell was at this time the chief aide to Senator Packwood.

1988 July 30: Fred Panzer reported on the TI's "Advertising Issue".

July ended with yet another hearing on the advertising issue, bringing the total to four in 1988 and eight for the entire 100th Congress. The latest session was convened July 29 by Chairman Waxman for oversight purposes. As usual, it was held on the last Friday of the Month.

    The general thrust of the opposition attack suggests a legislative push to reduce the alleged advertising, marketing and sales to youth. Their primary goal appears to be putting tobacco products under FDA control.

    In what seemed like a pre-emptive publicity strike, Chairman Luken publicly announced the third version of his advertising bill on the eve of the Waxman hearings.

To organize a First Amendment cadre of ad agencies, ad clubs, ad media in each of these 20 key locations [The districts of member of Congress on the main committees]

    Now that Luken has revived the Synar total ad ban proposal, this activity has a new lease on life.

    In addition, the Freedom of Expression Foundation has moved from to Washington, D.C. to California. Craig Smith has received fresh support from member companies, some due to our recommendation. At our request, he is looking into seeding such groups on the West Coast. He is also exploring a symposium perhaps one jointly sponsored by the Center for the Study of Democratic Institutions.

The Center was established on October 24, 1988 and has initiated two courses in the University's curriculum: Communication Studies 441, Freedom of Expression and Conscience, and Communication Studies 442, Campaign Persuasion. Both courses are interdisciplinary "capstone" classes on the campus.

1990 June 12: Friends of Commercial Speech, Inc (512 Eleventh Street, SE Washington —- Fax (202) 544 0966) are circulating to the Tobacco Institute a computerized form letter trying to promote to 1. Professional athletic organizations 2. Olympic sports 3. Amatuer sports organization on the idea that they are under attack from Al Gore and Joseph P Kennedy II.

    This operation is run by

• Craig R Smith, President of Freedom of Expression Foundation
• James Sanders, President Beer Institute,
• Wallace S Snyder, Government Relations, AAF,
• Daniel L Jaffe, Exec VP, ANA, and
• Harold A Shoup, Exec VP AAAA.

1992 Oct 1: Arthur Stevens of Lorillard writes to Smith, expressing the industry's gratitude for his actions on behalf of advertisers.

1992 Nov: The Washington Post carried a story which detailed claims against Senator Packwood for sexual abuse and assault by ten women, chiefly former staffers and lobbyists.[Wikipedia]

1992 Dec: Packwood defeated Democrat Les AuCoin in the elections. Publication of the Washington Post sex-abuse story has been delayed; Packwood had denied the allegations and the Post had not gathered enough of the story at the time.

As the situation developed, Packwood's diary became an issue. Wrangling over whether the diary could be subpoenaed and whether it was protected by the Fifth Amendment's protection against self-incrimination ensued.

    He did turn over 5000 pages to the Senate Ethics Committee but balked when a further 3200 pages were demanded by the committee. It was discovered that he had edited the diary, removing what were allegedly references to sexual encounters and the sexual abuse allegations made against him. Packwood then made what some of his colleagues interpreted as a threat to expose wrongdoing by other members of Congress.

    The diary allegedly detailed some of his abusive behavior toward women and, according to a press statement made by former Nevada Senator Richard Bryan, "raised questions about possible violations of one or more laws, including criminal laws."

1995 Mar 3: Arthur Stevens of Lorillard sending Craig Smith a check for $2,000 representing Lorillard's

"1995 contribution to the Freedom of Expression Foundation... for your efforts in support of First Amendment and related commercial free speech and advertising matters."

1995 Sep 7: Packwood finally announced his resignation from the Senate after the Senate Ethics Committee unanimously recommended that he be expelled from the Senate for ethical misconduct. Soon after leaving the Senate, Packwood founded the lobbying firm Sunrise Research Corporation. The former senator used his expertise in taxes and trade and his status as a former Senate Finance Committee chairman to land lucrative contracts with numerous clients, among them Northwest Airlines, Freightliner Corp. and Marriott International Inc

1996: PM's Budget for Ellen Merlo's unit has

Tobacco Issues Mgt,:
$500,000 (includes continued support of law enforcement, fire prevention and public policy groups such as Atlas Economic Research Institute, Media Institute, American Civil Liberties Union Foundation, and The Freedom of Expression Foundation).

Additional Shared Public Policy Group Grants:
$500,000 (includes continued joint support of The Institute on Taxation and Economic Policy, The Tax Foundation, Americans for Tax Reform, Alexis de Tocqueville Institute, Capitol Research Center, Heritage Foundation, American Policy Foundation, Citizens for a Sound Economy Foundation and other 501(c)(3) public policy organizations.

1996 Feb 26: Writing a "Dear Arthur" thank-you-for-funds letter to Arthur Stevens, at Lorillard. He lists their accomplishments gained with these funds as:

• our amicus filings before the Supreme Court.
• my scholarly study of commercial speech decisions appeared as the lead article in the Free Speech Yearbook.
• [this] served as a basis for our comments before the Food and Drug Administratiom
• [made] educational studies possible here at California State University, Long Beach.
• [publication of] our monograph series examining the relationship between the First Amendment and new technology.
• [and] our book Silencing the Opposition: Govemment Strategies of Suppression will be published by the State University of New York later this year.
• Our latest whitepaper examines the alleged causal relationship between violence on television and in society exposing the weakness of many social scientific studies
• [also to] update our study on academic freedom which has been used on several campuses to combat "speech codes" and served as the primer for a national teleconference orginating. on our campus.

1996 May 20: The Supreme Court remanded Anheuser-Busch, Inc. v. Schmoke which had upheld a ban on outdoor advertising of liquor in Baltimore. This beer company was one of the FEF's primary backers.

1997: Freedom of Expression Foundation Payments from PM to Policy Institutes They received $20,000 through Tom Borelli

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