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CREATED 8/1/2011

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.



Freedom of Expression Foundation
Friends of Commercial Speech
Patricia Bario Associates
Institute for Freedom of Communications
Freedom to Adv. Coalition
Media Institute
Robert Packwood
Arthur J Stevens
Craig T Smith [Dem.]
Craig R Smith [Radio]




Craig R Smith     [ Prof. PhD]    

(Political player - Republican)

— This Craig Smith is a Congressional aide, professional think-tank hack, lobbyist and political operator who managed to get enough corporate funding to create his own chair in journalism at the California State University, Long Beach. —  

A First Amendment fundamentalist and Freedom-to-Advertise fanatic who ran think-tanks which worked for the tobacco industry. He levered his funding sources to create a position in a university, and then became a Professor of journalism, public speaking and communications.

If you Google "Craig R Smith", be aware that there are a number of "Craig R Smiths" [including one prominent Democrat] and another a religious Republican radio host ... although about half of the hits will be about this one ... a dedicated Republican apparatchik and Californian university professor.

At one time he was Deputy Director (aide to Senator Packwood) of the Tidewater Conference, which was once the nation's most influential networking conference for aspiring Republican Congressmen.

He helped Packwood set up his Freedom of Expression Foundation and also a parallel Institute for Freedom of Communications, both expressly designed to counter the use by activists of the broadcasting "Fairness Doctrine" which was used to give anti-smokers the right of counter-advertising the promotion of cigarettes. It was a general doctrine which gave rights to activists to have access to the broadcast spectrum that they would not otherwise have had.

Smith took over as President of the Foundation, and he attacked the Fairness Doctrine under the claim that it was un-Constitutional under the First Amendment since it amounted to a ban on advertising ... since companies wouldn't advertise if they knew that their ads would generate counter-ads.

In June 1988, he shifted the Foundation from Washington DC, and relocated it on the campus of the Californian State University, Long Beach.

See some of his puff pieces at Californian State University, Long Beach

What is amazing to non-Americans is that any tax-funded State University can be used to house a corporate-funded, politically oriented think-tank, which is being used to give dangerous corporate advertising a Constitutional legitimacy it doesn't warrant or deserve ... under the guise of scholarship.

Craig Smith promotes himself in this way:

Craig R Smith — Puff Piece
Craig R. Smith
Member, Board of Trustees (2005- ) The California State University

Dr. Craig R. Smith is chair of the Department of Film and Electronic Arts and professor of Communication Studies at California State University, Long Beach, where he also directs the Center for First Amendment Studies.

At CSULB, he has served as chair of the departments of Communication Studies, Comparative Literature and Classics, and Journalism. From 1996 through 1998, he served on the California Commission on Teacher Credentialing.

Dr. Smith was born in San Diego in 1944, where he attended Sweetwater High School and served as its student body president. He received his B.A. in history from the University of California at Santa Barbara in 1966, and was awarded the Sproul Award. He received his M.A. from Queens College of the City University of New York in 1967. Awarded an NDEA Fellowship, he received his Ph.D. from Pennsylvania State University in 1969.

His teaching career has taken him to San Diego State University, the University of Virginia, and the University of Alabama in Birmingham, where he founded and chaired the Communication Arts Division. He has also served as a consultant to CBS News convention, election night and inaugural coverage from 1968 to 1984. He has served as a full-time speechwriter for President Gerald Ford and Chrysler CEO Lee Iacocca. He was a consultant to President George H. W. Bush and Governor Pete Wilson among many others.

He has written over fifty scholarly articles and fifteen books including, most recently, The Four Freedoms of the First Amendment (2004) and Daniel Webster and the Oratory of Civil Religion (2005). Dr. Smith resides in Long Beach, California.

What you won't find in any of his recent puff pieces is much discussion about the think-tanks and Institutes he put together for the broadcasting, newspaper, alcohol and tobacco industries to fight against attempts to ban or regulate radio and TV advertising of cigarettes and beer.

His Freedom of Expression Foundation initially had all the signs of a politically-oriented lobbying business masquerading as a major not-for-profit citizen's movement aimed at preserving Constitutional rights. It was supported by a group of wealthy media companies, advertising agencies and later by substantial funds from Philip Morris and RJ Reynolds, and additional commissioned contributions from Lorillard and the Tobacco Institute.

It is instructive to run through the list of financial supporters of this think-tank and its Foundation — which was also directly associated with the Institute for Freedom of Communications.

See this long list of Foundation and Institute 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. These are the sponsors of the Freedom of Expression Foundation and the Institute for Freedom of Communications (both housed in a small Washington DC townhouse.) who claimed to be totally committed to the ideals of the First Amendment.

See list on page 18

Under the auspices of a grant from the National Association of Broadcasters, he travelled widely between 1984 and 86 lecturing on Commercial Free Speech to "over 40 campuses."

Later Smith established Friends of Commercial Speech with funding from the alcohol industry — and then used all these organizations to lever himself into a position as Professor of Journalism at the State University of California.

These think-tanks, foundations and institutes all had an active crusading/advocacy role not reconcilable with claims of academic independence and inquiry associated with a university.

He later (1992 ?) joined the academic staff of the Californian State University, Long Beach as a teacher of journalism and communications.

It is not clear what role the Scaife-funded operation called The Media Institute had in helping his Foundation create a Chair and Center for him at the university. The Media Institute already had a couple of First Amendment Centers in other locations [One in New York, for instance]

Smith now controls and runs the Center for First Amendment Studies at this university, but some of his begging letters to large corporations and trade associations like the Tobacco Institute show that there is no financial distinction between his Foundations, Institute, university Center and his role as a university professor. The faux Professor is now in charge of the State-supported hen-house.

Freedom of Expression Foundation - Puff Piece
[Re: Craig R Smith] As President of the Freedom of Expression Foundation since its founding in 1983, coordinates all activities of the Foundation, including its research subsidiary. The Foundation is a non-profit organization dedicated to research on First Amendment issues. Its activities include filing amicus briefs in the courts, comments before the Federal Communications Commission, sponsoring campus lectures, publishing research, and testifying before congressional committees.

In the Fall of 1988, the Foundation agreed to fund a Center for the Study of First Amendment Studies on the campus of California State University at Long Beach. The Foundation has been instrumental in preserving the First Amendment rights of advertisers and broadcasters. The Foundation led the battle to repeal the so-called Fairness Doctrine which imposed controls on broadcasters.

In 2000, the Foundation was successful before the D.C. Court of Appeals in repealing the political editorial and personal attack rules.

Some of his pro-tobacco articles and studies are listed here. Also Google "center for first amendment studies" and the word "tobacco".

He is quoted as saying:

[T]he restriction of the advertising of a legal product may violate the equal protection clause and destroy the livelihood of the manufacturer, thereby jeopardizing his or her right to life, liberty and the pursuit of happiness so clearly endorsed in the Declaration of Independence.

[Isn't it amazing how his term "manufacturer" slid seamlessly into "his or her right to life" — as if the Constitutional rights of multinational cigarette companies are analogous to those of Joe Blow from Arkansas]

The foundation legal opinion:


There is endless opportunity for confusion here.

There is also a Democrat Craig T Smith — a former Clinton White House political director who was briefly the campaign manager for the Gore 2000 Presidential campaign from May 1999. He became the vice president of Democratic Outreach at Voter.com.

The subject of this article is a staunchly Republican political operator, and journalism professor Craig R Smith of California State who has spent his life attacking 'lily-livered liberals' like Gore.

There is also a Craig R Smith who runs a right-wing religious radio programs, and another Craig R Smith who is a famous US surgeon; another who is a professional baseball player; then there's an architect; Boston trial lawyer; President/CEO of Owens & Minor. etc..

The world is full of Craig Smiths.

Some key documents

• Professor of Communications Studies & Director of Center for First Amendment Studies, Californian State University, Long Beach.

See Tobacco Institute's C/V

See a recent CV

1944: Born San Diego Attended Sweetwater High School

1966 BA in history, University of California, Santa Barbara (with honors)

1967 MA, City University of New York, Queens College

1969 PhD, Pennsylvania State University (fellowship)

1969–73: Assistant Professor, Speech Communication, San Diego State. Director of Debate Programs. Taught classes in argument, classical rhetoric, advanced public speaking.

1973 - 76 Associate Professor, Speech Communication, University of Virginia. (as above)

1976: Speechwriter (full time) for President Gerald Ford. [the year he lost the election] He says:

" In 1976 as Speechwriter for President Ford, [I] was primary writer for Bicentennial Speeches at Valley Forge and Monticello, among others. Part of team that composed his acceptance of the Republican nomination in 1976. Advised President on campaign debates.

1977–79: Chairman, Communication Arts Division, University of Alabama in Birmingham. He boasts:

As Chairman, [I] developed new majors to include journalism, mass media, and speech.

    Recruited 300 majors and entire new faculty. Served as member of the school's Tenure and Promotion Committee, and Chairman of University's Academic Affairs Committee, Parliamentarian of Faculty Senate and member of Publications Board.

1977–80: Speechwriter for Ambassador George HW Bush.

1977: Visiting Research Fellow, University of London, Institute for United States Studies

1978: Policy Advisor to Senatorial Campaign of James Martin, and Policy Member of Alabama Republican Party.

1978 May: Establishment of the highly influential Tidewater Conference which was a weekend house-party and unofficial issues-seminars for (between 50 to 100) Republican members of the House and Senate.

    It was a conclave established by Senator Bob Packwood (a copy of his Oregon "Dorchester Conference") and held in May each year at Tidewater Inn, an Eastern Shores, Marylands resort. It soon became the training ground and networking opportunity for new Republican hopefuls in Congress, and some of the key Congressional aides.

    The conferences were underwritten by the Republican senatorial and congressional campaign committees (in 1980 for $3,000).

[In what is probably coincidence, Tidewater, was one of the key tobacco-growing areas in the USA]

1979–80: Smith became the Director of Senate Services, Republican Conference of the United States Senate, and Speechwriting Training consultant to Staff of Republican National Committee. He has written:

I first met Senator Packwood in 1979 when he hired me to be Director of Senate Services for the Republican Conference of the U.S. Senate. As Chairman of the Conference, Packwood provided Republican Senators with speechwriters, editorial writers, and media outlets.

    As Director of Senate Services, served as acting staff director in Executive Director's absence. Coordinated programs in professional staff development for Republican Senate members. Wrote speeches for Senators; taught basic writing and speechwriting to their staffs

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?

[Note that this test destroys the concept of the First Amendment creating so-called "Commercial Free Speech" as a Constitutional right.]

1980: Campaign Manager for Senator Bob Packwood (Had $1.9 million budget and 12 member campaign staff).

[The maverick Senator, Robert Packwood became President Ronald Reagan's gadfly — but as chairman of the Tidewater Conference he commanded power over policy in GOP circles. The tobacco industry feared him because he promoted excise taxes as a way to cut budget deficits.]

Smith also lists himself as consultant to the Parliamentarian, Third Annual Tidewater Conference and a keynote speaker at many of these annual conferences.

1980: Smith managed Packwood's re-election campaign. He explains:

As Campaign Manager, [I was] responsible for two million dollar budget; implementation of all strategy decisions; supervision of campaign staff, 36 county chairs, and 6,000 volunteers. Coordinated all media, fund raising, and special events. Conducted opposition research and precinct targeting.

1981: Craig Smith was now Director of Research, National Republican, Senatorial Campaign Committee [Another puff piece says "Deputy Director"] He also says he was a consultant on:

  • Research Development for National Republican Congressional Committee
  • Speech Training Sessions for Office of William Brock, US Trade Representative
  • Speechwriting for John Bryan, Chairman, Consolidated Foods
  • Campaign Management Schools for Republican National Committee;
  • Worked on CBS TV's Election Night Coverage on the Trend Desk
  • Parliamentarian, fourth and Fifth Annual Tidewater Conference

    Smith writes himself that
in 1981, [Senator Packwood] named me Research Director and then Deputy Director of the National Republican Senatorial Campaign Committee.

    Senator Bob Packwood was then the chairman of the Senate GOP Campaign Committee and also Senate Chairman of the Commerce Committee.

1982: Speechwriting and Public Policy Research for Lee lacocca, Chairman, Chrysler Corporation "In 1982, wrote all speeches and editorials for Lee Iacocca. Member of Policy, Coordinating and Research Committees at Chrysler Corporation."

1983: Founder and President, [alongside Senator Packwood] of the Freedom of Expression Foundation [This was funded by press and broadcasting organisations, advertising agencies, and later by tobacco industry organization (mainly Philip Morris trying to preserve rights to advertise cigarettes.)].

    In this year he also lists the fact that he was "Consultant to Senator Daniel Evans' election campaign."

1983: Most of the above biographical details come from a copy of Craig Smith's C/V sent to the tobacco industry.

    At this time the tobacco industry was heavily funding numerous think-tanks and policy institutes to support "Corporate First Amendment Rights" — the claim that companies had a constitution "rights to advertise" both benign and dangerous products. This idea that companies had the same rights as human-beings was promoted under the slogans "Corporate Free Speech" and "First Amendment Rights."

    The main support for this simplistic strategy came from the "Freedom to Advertise Coalition (FAC)" which was set up by Hugh Cullman at Philip Morris, and eventually had the support of both newspaper and advertising companies. They then bought civil liberties groups like the ACLU into the coalition with generous donations, and vigorous claims that corporate advertising was a constitutional free speech issue.

1984 Consulting to Gallaudet College

1984 Jan 30: He provided Congressional testimony at the hearing of the Committee on Commerce, Science, and Transportation of the US Senate on the "Freedom of Expression Act of 1983".

1985: Co-author with Thomas Luhnow and Joel Bolstein: Instructor's Handbook for Courses in Freedom of Expression, also author of The fight for freedom of expression : three case studies

    Both were written for publication by the Institute for Freedom of Communication, which was housed, along with the Freedom of Expression Foundation, in a small, old, row-type Townhouse in a residential area of Washington DC

1985 Feb 7: Smith as President of the Freedom of Expression Foundation gave evidence before the Senate Subcommittee on Alcohol and Drug Abuse. This was an attack on the Fairness Doctrine primarily done for the broadacasting industry.

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] The memo says:

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...
[The handnote "Tom Lookow" on this document refers to Thomas Luhnow who was both the Exec Director of the FEF and the Director of IFC.]

1985 Mar 28: Smith has produced a report sent to members [including the Tobacco Institute] about "Accomplishments of the Freedom of Expression Foundation"

  • We have created the broadest based coalition in history in favor of equitable deregulation. It includes broadcasters, cable operators, newspapers, telecommunications suppliers, advertisers, labor unions, and corporations. (See attached list of major contributors and Policy Advisory Board.)

  • The Foundation has generated editorial support from across the nation favoring repeal of the Fairness Doctrine, Equal Opportunities Rule, and other inhibitory government content regulations. (See attached list of editorial endorsements.) We have also placed our own op-eds and provided 30 and 60 second editorials for broadcasters. (See attached FOE editorials.)

  • The Foundation filed extensive comments with the Federal Communications Commission regarding their Notice of Inquiry on the Fairness Doctrine. Dr. Craig Smith, President of the Foundation, advocated repeal of the Doctrine during his testimony before the 1985 en banc hearing of the Commission. Chairman Mark Fowler, in a recent letter, referred to Dr. Smith's testimony as "quite impressive."

  • The Foundation, with the aid of a generous grant from the National Association of Broadcasters, has launched an ambitious and creative lecture tour. These lectures, seminars, and debates allow students and professors to explore the latest developments in First Amendment law and its application to modern technology. (See attached lecture tour series.)

  • The Foundation has established a fund for amicus curiae briefs. This fund enables the Foundation to enter cases on behalf of broadcasters and cablecasters whose First Amendment rights are threatened.

[This document includes a long list of funding corporation — mainly publishing/broadcasting companies, advertising agencies and beer companies. The tobacco companies were only recruited in 1986.

    An asterisk indicates
" that a contribution was made to the Institute for Freedom of Communication, a sister organization to the Freedom of Expression Foundation" ]It then goes on to say:
We have been very effective on a number of fronts, which you'll see from the enclosed memo I recently prepared for Senator Packwood, who inspired the creation of our Foundation back in 1983.

    I hope that like Philip Morris, Brown & Williamson will become a major contributor to our Foundation.

[A number of these computerized letters have been prepared on Freedom of Expression Foundation letterhead by the Tobacco Institute.]

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.
[That would probably have been with Tom Luhnow]

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.

1985 Nov: /E He is listing himself in the 'Communications Studies" Winter edition as the President of the Freedom of Expression Foundation.

Common Cause magazine (May 1988) explains that
[The alcohol/tobacco industries] next fight came during the 1986 tax reform effort, when then-Senate Finance Committee Chairman Robert Packwood (R-Ore-) was trying to save tax breaks for timber and a few other industries. To make up the revenue, he proposed eliminating the tax deduction the alcohol, tobacco, telephone, gasoline, trucking and other industries take for excise taxes. He also wanted to raise the excise rate on wine.

    A new alliance coalesced from the fury — the benevolent-sounding Coalition Against Regressive Taxation, or CART. Its first meeting drew 90 people from most of the excise-taxed industries, including many from the alcohol trades, which put up a large share of the seed money. Miller Brewing Co. [owned by Philip Morris] donated two public relations specialists.

    The coalition sent economic consultants around the country to talk with newspaper editorial boards. Radio feeds went to stations in die 20 home states of Finance Committee members and press kits to 1,000 dailies. CART also commissioned a report from the accounting firm Peat Marwick Main & Co. that showed the regressive effects of Packwood's plan.
[Patricia Bario who ran CART was "a consultant to Millers Brewing"]

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 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 Hawkins' 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.

[This is the letter which establishes the TI's formal relationship with the Foundation]

1986 The Freedom of Expression Foundation has all the appearance of a dual-purpose organization. On one hand, it appears to be a right-wing think-tank run by a Republican fanatic. On the other hand, it seem to be a front for Senator Packwood to receive 'campaign donations' via the backdoor — probably as quid-pro-quo for his support of the tobacco industry, or as an outright bribe for him not to pursue his idea of raising cigarette excises.

Senator Packwood had recently promoted a plan to raise cigarette excise taxes (and make advertising non-deductable) as a way for the Reagan Administration to raise funds without increasing income taxes. He held this threat over the tobacco industry for a couple of years.

    Philip Morris and RJ Reynolds donated substantial amounts every year, but Lorillard appears to have been the only one of the smaller cigarette companies to channel funds to the Senator (along with the Tobacco Institute itself)

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 for schools, which they have now extended to Hispanic communities (via LULAC and other). They used HYD as propaganda tool to 'prove' that they weren't trying to addict children and the education administrators at the National Association of State Boards of Education (NASBE) were happy with this relationship since it was clearly profitable.

    This document lists their involvement in CASE (sports sponsorship lobby); the NASBE (educational-curriculum advice group) and its consultant Jolly Ann Davidson; education consultant James Peterson; and children's motivational 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,

They react by planning a public opinion poll which has been carefully designed to attack the plan politically.

1986 March 13: Craig Smith is now working closely with Fred Panzer of the Tobacco Institute, and he is writing to all of the tobacco companies seeking financial support.

See page 3

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 fund-raiser for the Freedom of Expression Foundation. Packwood is writing personal letterx to the CEO's of the tobacco companies [Here Robert Ave of Lorillard]

[From the top Republican Congress leader promoting the idea of substantial excise tax increases, this is virtually "an offer they can't refuse!"]

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 ....

[The $30,000+ from the tobacco industry may have helped stall the Packwood Tax Plan for few years.]

1986 June 4: Flieshman Hillard PR, working for Fred Panzer at the Tobacco Institute reports on their work in May to counter the "Packwood Tax Plan." They appear to have been working mainly with LULAC and the Hispanic groups.

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 plays all the old Republican chords, calling upon the spirit of the Revolution and the faux-philosophy of the Founding Fathers to endorse his position. He waves the flag, saying:

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.

She sent them a $2,000 check to "support the Videotaped Lecture seies on the First Amendment - as per attached letter from Senator Packwood."

On the same day, Lorillard also sent them $2,000.

They then also advised Packwood that they'd done what he commanded.

[Note the blind carbon copy sent to Peter J Marzullo, who was the Director of Accounting at the Tobacco Institute.

    The only reason for copying such a company letter to him, was if Lorillard was laundering political payments on behalf of the Tobacco Institute. Marzullo would then need to maintain the accounts.

    It is possible that other tobacco companies were also sending $2000 checks on this day.]

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, or the involvement of Senator Packwood.

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 broadcasters. Our broad based coalition extends from the Motion Picture Association to several unions to major corporations across America.

1986 June 20: Smith is distributing a Memo to Members of his Foundation on the "FTC Decision on Tobacco Advertising."

Recently, RJ Reynolds ran an advertisement in newspapers which discussed various health questions surrounding the use of tobacco products. The Federal Trade Commission has brought a complaint against Reynolds for deceptive advertising. We believe this complaint violates constitutional protections guaranteed by the First Amendment.

    The classification of the speech that appears in the Reynolds advertisment is not a simple task because the Supreme Court has not defined the concept of commercial speech in precise fashion, nor has it ever faced an advertisement quite like the one Reynolds distributed.

    Some argue that advertising material here constitutes "commercial speech" and thus deserves a lesser degree of protection under the First Amendment than issue-oriented or political speech [since in a previous decision] the Supreme Court described commercial speech as speech that does "no more than propose a commercial transaction."
He then engages in some convoluted lawyer-speak to prove that black is actually only a dull shade of white, and therefore the case is worth prosecuting through his Foundation.
In fact, it can be legitimately argued that Reynolds' ad does not propose a commercial transaction. The ad discusses the findings and health implications of a federally funded medical experiment. Its content cannot reasonably be construed to constitute a solicitation or a proposal to engage in a commercial transaction.

1986 June 23: Senator Packwood writes to thank Lorillard for contributing

$2,000 to the Education & Research Fund of the Freedom of Expression Foundation in support of the Foundation's videotaped lecture series. Such generosity will assist us to get the message across to college students that the airwaves belong to all communicators.
[The extension of this argument is the one that says "the freedom of the press belongs to everyone who owns one."

    The fact was that their main activities had been to destroy the Fairness Doctrine which allowed individuals and activist groups to compete to a minor degree with the advertising dollars of the major corporations. ]

    Lorillard sends a copy of this letter to the Tobacco Institute — a very unusual occurance — and one obviously related to their advice to the TI accountant about the $2,000 check.

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.
The tactics he proposes include:
  • 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 executives] whose companies have an interest in the FEF.

[Smith was actively lobbying the Magazine Publishers Association and the American Newspaper Publishers Association to testify.]

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.

[It is often claimed that Barry Lynn of the ACLU was simply defending a narrow view of the Bill of Rights. Not everyone agrees with this interpretation.]

1986 July 1 The US Supreme Court handed down its decision against an appeal by the Puerto Rico casino's against the Games of Chance Act of 1948 which 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."

    Implementing regulations prohibit the advertising of gambling parlors to the public in Puerto Rico, but permit restricted advertising through publicity media outside Puerto Rico.
[This decision confirmed that advertising could be legally restricted by governments (even local authorities) without breaching the First Amendment. It cut the legal claims of the Foundation from under their feet. ]

1986 Aug: A completely undaunted Craig Smith is on the Witness List for the House Health and Environment Subcommittee hearing. He is listed here 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"
He goes on to credential himself as an entirely independent expert with no reason to favour the tobacco companies, by claiming
"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."

[The Supreme Court had upheld the right of governments to restrict the advertising of the casino in what was known as the Posedas case.]

She noted that the preparations for the Waxman hearings were not going well, however ...
  • 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, [has been] refused time to testify, [but has] 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.
Waxman and his associates were wise to the Tobacco Institute tactics and probably knew who was behind the CASE organization. However, Craig Smith did send his written testamony along to the House, for the record.

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!

[He adds a hand-note "P.S. See enclosed article — That will teach them to try to keep me off a panel." and he also ccs Senator Bob Packwood to ensure that he is aware of the tobacco industry's anonymous financial generousity (now totalling $43,000).]

1986 Aug 20: Craig Smith wrote to FEF members, including a clipping of the Article he had planted in "The Hill Rag" [An insignificant Washington newsletter]

We are also happy to report that the FTC's complaint against RJ Reynolds, which is discussed in the attached article, was dismissed by an administrative law judge on August 4, 1986. The ALJ stated that Reynolds' "cigarettes and science" advertisement "is clearly an editorial," and "not commercial speech by any stretch of the imagination."

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.

    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.

[Note that Philip Morris and RJ Reynolds, as well as Lorillard and the Tobacco Institute, would each have donated at least $2,000 — making their recent payment for services at the Waxman hearings about $11,000].

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: /E Senator Packwood temporarily abandoned his fund-raising tax plan.

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 excise taxes.

    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]
  • About 20 op-eds commissioned from a network of cash-for-comment academic economists.

1987–91: For absolutely no conceivable reason Smith is elected as a Board member of the Michigan Health Care Corporation and the Metropolitan Life Insurance Co. However it is not difficult to see why he would become a Member of the National Advertising Regulatory Board.

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 [All 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. [They can't afford to have organizations like this playing any part in the real activities of the FAC.]

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.
[The Freedom of Expression Foundation, ACLU, CASE, CATO Institute and Washington Legal Foundation are all listed as "Additional Supporters.]

It is obvious that the Freedom to Advertise Coalition (FAC) enlisted the same financial supporters as the FEF and both were designed to attack the same problem. However the distinction between these two organisations, is that the new FAC:
  • Was not controlled by Senator Packwood, and could therefore be portrayed as non-partisan.
  • Was directly controlled by the tobacco industry and the advertising trade groups (roughly equally), the two industries with the most to lose.
  • Was not so narrowly focused on the First Amendment, which had already been discounted in importance by the Supreme Court's Puerto Rico decision.
  • Enlisted a wider circle of industry coalitions and trade associations.

    From this time on, the Tobacco Institute states in memos that Craig R Smith is a "Candidate for Chairman of the Federal Communications Commission" which may have been offered as a trade-off for his loss of priority though the FAC take-over.

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.
[The Freedom of Expression Foundation, ACLU, CASE, CATO Institute and Washington Legal Foundation are all listed as "Additional Supporters.]

1987 Mar 18: Smith gave Congressional testimony at the hearing on "Fairness in Broadcasting Act of 1987," Subcommittee on Communications of the Committee on Commerce, Science, and Transportation of the United States Senate.

1987 May 1: Sam Chilcote tells his Executive Committee that the threat to cigarette advertising is growing. He explains ...

Our resources fall into three categories.

  • 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.

[Note that he doesn't include FEF with the more legitimate civil and professional groups promoting the extension of First Amendment interpretations to encompass Commercial Free Speech.]

1987 May 4: The advertising battle was heating up. In a second memo only a few days later, Sam Chilcote provides the CEOs of the cigarette companies with further details of their allies in the fight to preserve the advertising of cigarettes.

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

See page 9

1987 May 5: A day later, he follows up his memos to the Executive Committee with another document ....

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 used to preserve tobacco sponsorship.]

  • 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.

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.

[These letters look like "for the file" letters in case donations to campaign funds ever come under scruitiny]

However, Lorillard, to its credit, only coughed up $2,000.

[But they still sent it to Packwood, not the FEF, and they also still copied the accountant at the Tobacco Institute, Peter J Marzullo — who would only need to know if this check was a subset of a larger agreed industry donation.]

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. This is obviously a reminder of the political value of their donation — about as subtle as finding a severed horses head in your bedroom.]

1988: Craig Smith is now working with the "Bush for President" campaign and serving as a member of the Republican Convention Task Force.

    At the same time he also joined the National Advisory Council of The Media Institute [Effectively a branch of the Republican right funded by Richard Mellon Scaife.]. He is on this Council until 2004. [The Media Institute was set up with Coors and Scaife money to attack any signs of 'liberalism' in the meda.]

1988: The Tobacco Institute's Susan Stuntz circulates "The Plan" for countering public-smoking ban hearings. She provides a list of anti-smoking activists that the tobacco industry must expect to encounter and counter, and a list of Potential Witnesses that they can call upon to counter advertising claims:

  • James O'Hara, executive director of the Freedom to Advertise Coalition (FAC) and a partner in its lobbying firm, Patton, Boggs, Blow.

  • Interagency Advertising Council (IAC) which is a broader coalition including newspaper publishers, broadcasters, and other advertising specialties not included in FAC . Advertising and publishing industry spokespersons to be selected by above coalitions.

  • Washington Legal Foundation (WLF) spokesperson.

  • Craig Smith, director, Freedom of Expression Foundation.

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. In other words, he was promoting the collection of funds for counter-advertising.

    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." [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 .

Lorillard gives another $2,000 and sends the normal bcc to the accountant at the Tobacco Institute. But this time the check is sent to Craig Smith, not to Packwood.

    The address given for Smith is his home/office in Washington DC. This suggests that the transfer of the Freedom of Expression Foundation to California was unexpectedly abrupt. [See below]

1988 July Craig Smith relocate his Freedom of Expression Foundation to California, but still continued to work with the Tobacco Institute.

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.
Their goals in countering these moves were:
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 [quite legitimate] Center for the Study of Democratic Institutions.
[The CSDI was run by Nobel Prize winner Linus Pauling in Santa Barbara, Calif.]

1988 Oct 24: At the Califonia State University, the Center for First Amendment Studies website says
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.
[Note it doesn't say when the Center and Smith were integrated into the University's academia.]

1989 From this year on Craig Smith is referred to by the Tobacco Institute as "President" and "founder" of the Freedom of Expression Foundation. They sometimes also acknowledge that he is with the Center for First Amendment Studies. [Smith doen't appear to have the title of Professor at this time.]

    Senator Bob Packwood continues to assert that he is the founder of the Freedom of Expression Foundation, and they also both claim authorship of some published reports (without crediting the other). [Note that "All Speech Is Created Equal" was first claimed by Packwood in 1986.]

1989: Smith published the book "Freedom of Expression and Partisan Politics", (Columbia: U. of South Carolina Press, 1989).

    Also editor and contributor of The Diversity Principle: Friend of Foe of the First Amendment , (Washington, D.C. :The Media Institute). [Note who published it!]

1989 Jul 19: A quote circulated by the Tobacco Institute

[T]he restriction of the advertising of a legal product may violate the equal protection clause and destroy the livelihood of the manufacturer, thereby jeopardizing his or her right to life, liberty and the pursuit of happiness so clearly endorsed in the Declaration of Independence.

Craig R. Smith, President Freedom of Expression Foundation

[Note they are not using his University status]

1989 Dec: /E A new threat to the tobacco industry arises. The Tobacco Product Education and Health Protection Act is proposed in Congress. It is an attack on youth smoking and seeks funds for:

  • Create a Center for Tobacco Products Education and Control in the Centers for Disease Control ($50 million).

  • Establish a National Information Program to educate the public ($50 million).

  • State Incentive Grants to encourage new laws to restrict sale to minors and access to vending machines ($50 million).

  • State Leadership Grants to improve state organization and promote prevention/cessation ($5 million).

  • Workplace Intervention Grants ($5 million).

  • Model State Program to assist in implementing state laws.

  • Disclose and regulate [tobacco] additives.

  • Repeal the federal preemption on state regulation of local tobacco advertising and promotion.

  • Add tobacco to curriculum of the Drug Free Schools and Communities Act of 1986.

  • Innovation grants to encourage elementary and secondary schools to become smoke-free ($25 million).

Total Annual Funds: $185 million

[This later became the 1990 Kennedy Bill]

1990: Philip Morris is circulating a printed copy of "All Speech is Created Equal" by Craig R. Smith President of the Freedom of Expression Foundation and Director of the Center for First Amendment Studies, California State University He says it was first published in 1986 ...

at the time when the Fairness Doctrine was in effect and imposed an unconstitutional content regulation on issue advertising.

    Corporations were not free to talk about issue in their own paid commercials because such speech triggered the Fairness Doctrine and could result in broadcasters having to provide free time to those opposed the corporation's point of view. In 1987. the Federal Communications Commission repealed the Doctrine on the grounds that it was counter-productive and constitutionally suspect.

    As one of the parties that had argued since 1982 that the Doctrine chilled speech and was an unfair burden on broadcasters, we were delighted to see its demise. We have worked ever since to keep it in its grave despite Congressional efforts to revive it.

1990 Feb: The Media Institute ran a full-page ad in Broadcasting magazine outlining its position that commercial speech (i.e. advertising messages) should be entitled to full First Amendment protection.

The ad was prompted by the Institute's concern that neither the courts, Congress, nor the regulatory agencies seem to be making an effort to secure, much less expand, commercial speech rights. The ad bore the endorsement of 14 legal scholars, prominent communications attorneys, and heads of media groups.
[Source Annual Report]

1990 Feb: A report by the Tobacco Institute labelled "Tobacco Issues in the Second Session [of the] 101st Congress" says.

Kennedy Bill
Late in the first session of the 101st Congress, Senator Kennedy, joined by Senator Orrin Hatch, introduced S. 883, which was referred to the Committee on Labor and Human Resources which Senator Kennedy chairs.

    Entitled "The Tobacco Products Education and Health Protection Act of 1990", the bill establishes a new bureaucracy on tobacco within the Department of HHS; calls for expansion of "federal education and information efforts", a "national counteradvertising program targeting groups and communities", "better enforcement of laws prohibiting sales of tobacco products to minors"... "programs to reduce tobacco use in the workplace" and adds tobacco to the curriculum program required in the Drug-Free Schools and Communities Act of 1989.

    In addition, it would require disclosure of and restrictions on "hazardous" additives.

    It would replace current "carbon monoxide" warnings with a new "addiction" warning and repeal the current federal government preemption of local advertising and promotion regulation.

    The tobacco industry recognised the dangers inherrent in this legislation and distribted a draft of an brochure designed to raise allies in the advertising industry "The Case Against Censorship"
S. 1883 is the back door route to a ban on cigarette advertising and promotion. The mechanism is Section 955, which would disable the existing federal preemption of state and local regulation... scrap a carefully crafted policy of national uniformity... and encourage a proliferation of state and local laws that would make it difficult, if not impossible, for tobacco companies to exercise their right to free commercial speech under the first amendment.

[A few weeks later a new and short-lived think-tank appeared in Washington, "Friends of Commercial Speech." It seems to mirror an older (1984) organization called CATAC (Campaign Against Tobacco Advertising Censorship) which had been set up and run internationally by INFOTAB]

1990 Mar: /E A Craig Smith quote distributed by the Tobacco Institute to its contractors and regional directors for use with the press"

"Moreover, businesses have a keen interest in protecting their right to convey information to consumers regarding their lawful products and services. In a democratic society like ours, paternalistic restrictions on this flow of information harms consumers and the businesses that serve their needs.

    Protections that have been extended to commercial speech should be strengthened, not cut back, and all efforts to ban or suppress advertising of legal products should be fought." [
      Source: "All Speech is Created Equal" By Craig R. Smith President, The Freedom of Expression Foundation Director, The Center for First Amendment Studies, California State Univ]

[Note that he is now using both the Foundation and the University associations to prop up his credentials]

1990 March: The Public Affairs Management Plan of the Tobacco Institute contains a report by their Information Officer. INFOTAB [the international tobacco lobby group] had requested some information on Policy Resources Inc of Helena, Montana and staffer Margaret Matthews. who had requested information about teenage smoking issues and advertising.

I contacted Ms Matthews and received a letter describing Policy Resources, Inc. of Helena, Montana.

    The company is a communications and issues management consulting firm. They are under contract to Anheuser-Busch and the Friends of Commercial Speech.

    Because of the similarities between alcohol policy issues and tobacco policy and politics, the firm tries to stay abreast of developments in taxation and advertising.

[Robert Lighthizer was the lobbyist for Anheuser-Busch — and their 'friends' in the tax-writing committees were Senator John Danford (R-Mo) and Rep Richard Gephard (D-Mo)]

1990 Mar 18: Fred Panzer is sending "New Names On Witness List" to his superiors Bob Lewis and Martin Gleason at the Tobacco Institute. It has many new names including:

Craig R. Smith, President Freedom of Expression Foundation (Dr. Smith is a former aide of Senator Packwood; the Senator is a strong supporter of the Foundation.)

    Two days later he advised that
The following have or will soon request an opportunity to testify at the Kennedy hearing on April 3, 1990:
Under the title "Civil Liberties" is the name Craig R Smith, Freedom of Expression Foundation.

1990 March 29: Craig Smith writes as President of the Freedom of Expression Foundation to "Members and Interested Parties". The FCC has decided to rehear the repeal case for the Fairness Doctrine, and he wants financial support to fight against all attempts to reinstate the doctrine.[This is a separate inquiry to that of the Kennedy hearings]

In other news: I travelled" to New Mexico in February to help advertisers defeat of bill introduced in the New Mexico State Senate which would have banned the advertising of beer and wine on broadcast media. The measure was defeated in committee and again on the floor of the Senate.

    These legal actions are expensive as is the operation of the Center for First Amendment Studies at California State University, Long Beach. If you have not made your annual membership contribution to the foundation, we ask you do so at this time.

[Note that there is now no financial distinction being made between the budgets of the Foundation and the Center at the university.]

1990 Apr 3: He is listed by the Tobacco institute as having provided Congressional testimony at the Kennedy hearing on "Tobacco Product Education and Health Protection Act of 1990," Committee on Labor and Human Resources of the United States Senate.

    Most of the other witnesses came from Advertising backgounds and the "Freedom to Advertise Coalition."

1990 April 3: Smith gave testimony at the Kennedy hearing on First Amendment legislation

1990 June 12: A circular letter on the letterhead of the Friends of Commercial Speech, Inc (512 Eleventh Street, SE Washington —- Fax (202) 544 0966) is circulating as a computer-generated form letter. Tobacco Institute seems to be using this to promote their 'slippery-slope' idea to 1. Professional athletic organisations.2 Olympic sports 3 Amateur sporting bodies that they are under attack from Al Gore and Joseph P Kennedy II.

    This new 'think-tank' operation is run by remove control with

  • Craig R Smith, President ... also President of Freedom of Expression Foundation (now in California)
  • James Sanders, President Beer Institute,
  • Wallace S Snyder, Government Relations, AAF,
  • Daniel L Jaffe, Exec VP, ANA, and
  • Harold A Shoup, Exec VP AAAA.
The address of this new think-tank is that of the lobbyfirm Patricia Bario Associates who was also running the Coalition Against Regressive Taxation (CART) operation for the Tobacco Institute.

[It's not difficult to figure out which organization was behind the "Friends of Commercial Speech".]

1990 Aug: /E Patrick D Maines, President of The Media Institute sends its Annual Report to Philip Morris. The Media Institute claims to be a journalistic "research foundation or think-tank,"

The Media Institute examines a host of communications policy issues from the perspectives of free speech, free markets, and journalistic excellence.

    The Institute makes its positions known through court briefs, regulatory filings, publications, and media releases. Many of these activities are conducted under the auspices of the Institute's First Amendment Center.

    This is one of three such program centers operating under the organizational umbrella of The Media Institute. The others are the Hispanic Media Center, now in, its second year, and the newly formed Center for Media Analysis.

    The latter entity serves as the locus of the Institute's traditional activities in media research and analyses of media coverage of business and economic issues. This center will also undertake projects related to environmental reporting, a broadly defined area which we believe will be of growing significance.
Under the heading of The First Amendment Center it states:
The Center's principal publication was titled The Diversity Principle: Friend or Foe of the First Amendment?. The diversity principle is a tenet of First Amendment law which emphasizes the right of the individual to receive information from diverse sources.

    Editor Craig R. Smith, president of the Freedom of Expression Foundation argued that the diversity principle has been consistently misapplied to broadcast television, cable television, and the telecommunications industry. The result, Dr, Smith warned, has been unwarranted restrictions on the rights of media companies as speakers, and an unintended reduction in information reaching the individual. The book included a preface by Senator Robert Kasten. [of Wisconsin ... who set a US record for the most personal campaign donations received from Philip Morris and its subsidiaries]

    Under the auspices of the First Amendment Center, the Institute filed an intervenor's brief in the U.S, Court of Appeals for the District of Columbia Circuit

    An outline of Richard Mellon Scaife activities in promoting right-wing groups says
Education of journalists is also a part of the work of another Scaife-backed media group, the Washington-based Media Institute. The institute's president, Leonard S. Theberge, also was a founder of the National Legal Center for the Public Interest, the umbrella group for six conservative legal groups funded by Scaife.

    Institute board members have included [Along with Smith] Herbert Schmertz, vice president, public affairs, of Mobil, and S. Robert Fluor, chairman of Fluor Corporation. Scaife's assistance began with a $100,000 donation in 1975, the first year of the institute's existence, and is around $150,000 this year [c 1985], or about 15 percent of the budget.

1991: A background reference paper on Youth Smoking Issues related to Commercial Free Speech and Cigarette Advertising lists

All Speech is Created Equal," by Craig R. Smith, president of the Freedom of Expression Foundation and director of the Center for First Amendment Studies, California State University.

1992: Smith is the Writer/Editor of the Official Proceedings at the Republican National Convention, Houston

1992 May 22: Smith gave testimony to the Schroeder House Committee

1992 Aug 21: Formal letter sent to Senator Bob Packwood from the Freedom of Expression Foundation — then passed from his office to Leo Burnett (Philip Morris's ad company) and on to Philip Morris. [Note Smith was campaign manager for Packwood] It is one of many form letters obviously sent to Senate Committee members. It says:

you should be alerted to a proposal by Senator Harkin that is unconstitutional. Basically, Harkin intends to limit the business deduction for the cost of advertising tobacco products and at the same time use the taken revenue to fund commercials aimed at tobacco products.

    This proposal is dangerous because if it succeeds with tobacco, it can be used against any other legal product. Worse, such proposals would make it easier to tax unpopular speech, a clear violation of the First Amendment.

    See page 10
[This was a formal "for the record" letter. Smith and Packwood were old friends, and as thick as thieves. The letter was copied to a number of Tobacco Institute files.]

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 the Oregon Democrat candidate Les AuCoin. Publication of the Washington Post sex-abuse story has been delayed until after the 1992 election. 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: Consulting Speechwriter, "Governor Wilson for President" [Craig Fuller of Philip Morris was running the campaign.]

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: - 98 Commissioner, California Commission on Teacher Credentialing

1997–98: Interim Chair, Journalism Department, Californian State University, Long Beach.

1997: Article for The Media Institute "FDA Takes Lead on Tobacco Ad Restrictions," in the publication: The First Amendment and the Media

1998 Feb 10: Congresional testimony at the hearing on "Tobacco Settlement," Senate Judiciary Committee..

1998 Feb 10: Smith gave testimony before the Committee on the Judiciary of the US Senate.

2000: Wrote The Quest for Charisma: Christianity and Persuasion

2001: Wrote Rediscovering Gold in the 21st Century: The Complete Guide to the Next Gold Rush to promote his gold business.

2003 - 2009 Chairman, Film and Electronic Arts Department, California State University, Long Beach

2004: wrote The Four Freedoms of the First Amendment

2005: Chair of the Department of Film and Electronic Arts and professor of Communication Studies at California State University, Long Beach, where he also directs the Center for First Amendment Studies.

2005: Wrote Daniel Webster and the Oratory of Civil Religion


CONTRIBUTORS:in22 samf dlo2

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