Barry W. Lynn

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Barry Lynn, was a legislative counsel to the American Civil Liberties Union (ACLU) along with his associate Burton Neuborne who was both its legal director and a Law Professor at New York University. They both began working for the tobacco industry through involvement with the tobacco industry front group known as the Freedom to Advertise Coalition (FAC).

The FAC operation was well supported by the newspaper companies who wanted to keep the revenues from cigarette advertising, and it is certainly possible to argue that these two ACLU lawyers (and their boss at the Washington office of the ACLU, Morton Halperin) were just taking an extreme view of personal freedoms by extending it to include corporations, while rejecting the well-known legal shibboleth that "Your right to swing your arms ceases where my nose begins."

As Washington Post columnist George Will pointed out, cigarette advertisements are neither 'information' or 'seminars'; they are "inducements". The only information they contain is the health-warning on the pack.

Biography

According to a biographical note Lynn:

"received his bachelor's degree at Dickinson College, Carlisle, Pennsylvania (1970) and his theology degree from Boston University School of Theology (1973). In addition to being an ordained minister in the United Church of Christ, he is a member of the Washington, D.C. bar, earning his law degree from Georgetown University Law Center (1978). A long-time activist in the civil liberties field, Lynn has an impressive background in church-state issues and is currently the Executive Director of Americans United for Separation of Church and State, a position he has held since October 1992".

"Before accepting the post at Americans United, Lynn held a variety of positions related to religious liberty concerns. From 1984 to 1991 he was legislative counsel for the Washington office of the American Civil Liberties Union, where he frequently worked on church-state issues. From 1974 to 1980 Lynn served in a variety of positions with the national offices of the United Church of Christ, including a two-year stint as legislative counsel for the Church's Office of Church in Society in Washington, D.C."

"An accomplished speaker and lecturer, Lynn has appeared frequently on radio broadcasts and television to debate and discuss First Amendment issues, including The MacNeil-Lehrer News Hour, NBC's Today Show, Nightline, Fox Morning News (Washington, D.C.), CNN's Crossfire, The Phil Donahue Show, Meet the Press, CBS Morning News, ABC's Good Morning America, NBC Nightly News, ABC World News Tonight, CBS Evening News, and Larry King Liv]. He is also a weekly commentator on church-state issues for UPI Radio, and served for two years as regular co-host of "Pat Buchanan and Company" on the Mutual Broadcasting System," .

"Lynn is the co-author of The Right to Religious Liberty: The Basic ACLU Guide to Religious Rights. He writes frequently on First Amendment issues, appearing in such publications as USA Today, The Los Angeles Times, The Wall Street Journal, and The Nation,"

Tobacco advertising supporters

  • Barry W Lynn was initially an attorney and the legislative counsel for the ACLU in its Washington DC office. He undoubtedly worked as a tobacco industry supporter separately from his ACLU role.
  • Burt Neuborne was the ACLU's legal director, Lynn's friend and associate, and ran the Freedom to Advertise Coalition for tobacco.
  • Ira Glasser was the executive director of the ACLU took part in the debate. [2]
  • Morton H. Halperin , the director of the ACLU's Washington office,

There are numerous documents which attest to the fact that Lynn and Neubourne also knowingly working with the tobacco industry, but one can only guess at their motives. This is true especially with its (tobacco + media industries) front group, the Freedom to Advertise Coalition (FAC). See its draft manifesto [3]

We have a succession of reports on "Advertising Issues' (some redacted) that show the progression of the ACLU's involvement in supporting the tobacco industry. [[4] [5], [6] Another series of financial records shows the payments made to both individuals, and as grants to the ACLU itself.

Documents and Timelines

1985 Dec 10 Joint statement on advertising bans by Jerry W. Friedheim, executive vice president, American Newsnaper Publishers Association and William Gorog, president, the Magazine Publishers Association. They say that such bans represent: an unconstitutional attempt to restrict free speech in a free society.
The statement also reads: "Products that can be legally sold in this society are entitled to be advertised; if it is legal to sell a product, it should be legal to advertise it. The ban would be tossed out by the courts."

  • Barry Lynn, ACLU legislative director stated that there is not sufficient proof that eliminating advertising would signficantly decrease smoking (and that) the proposed ban {would not) meet Supreme Court standards for limiting commercial speech.
  • Burt Neuborne, ACLU legal director said: In a society which believes in the 1st Amendment, you can't allow information control to become a means of behavior modification. [7]

1986 Jun /E Newsclipping in Tobacco Institute files:

In the Taking Exception column of the Washington Post Burt Neuborne, ACLU legal director, called a House bill to ban all tobacco advertising, an ill-considered attempt at better living through censorship.

In a rejoinder, George Will found it odd to suggest that banning tobacco advertising would constitute "enforced ignorance." Cigarette ads, he said, are not seminars; they are inducements, with the health warning the only "real" information.

Barry Lynn, Washington legislative counsel for the American Civil Liberties Union, opposed a ban, arguing that it would fail the third test of "Central Hudson" to directly advance a substantial government interest. Ads, he said, have no neamerixing effect. He wondered if we are moving toward "plain brown wrappers" for cigarette packs or to reducing the adult population to reading only ads fit for children. Disagreeing with a Washington Post columnist about the "why" for the sharp drop in cigarette smoking since 1965, Ira Glasser, ACLU executive director, denied a broadcast ban helped.

He wrote the editor that Fairness Doctrine allowed both sides to be heard and that the drop [in smoking rates] occurred before any ban. He added:
"If ever there was an example where the remedy for 'bad' speech was not suppression but rather 'more speech,' this was it." [8]

1986 Jun 3 Bill Klopfer's memo Re: an annual meeting of the Communications Committee of the Tobacco Institute. He lists their main activities during the year including organising op-eds and letters-to-the-editor opposing the Synar bill which tried to introduce cigarette advertising bans.

Barry Lynn of the ACLU is actively lobbying against the Synar legislation, targeting people like Pete Rodino and Joe Biden whose committees may have something to say about it, and others who are sympathetic to the first amendment issue.

http://legacy.library.ucsf.edu/tid/cjk92b00/pdf


1986 Oct 9 A Tobacco Institute draft for William Kloepfer's speech/statements (He was then the head of the TI's Media/PR section). This is a long document covering many different subjects including:

  • Defensive tactics (to be used against anti-smoking organisations.) Kloepfer says his group were:
  • planning to attack Surgeon General (SG) Koop's report.
  • planning to use members of the IAQ Advisory Group (IAPAG) to perform briefings on behalf of the industry, but the academics are worried about the possible hostile reaction to their open involvement: they had been recently attacked publicly by the Lung Association.
  • planning to attack the Cancer Society and the National Cancer Institute's anti-smoking programs
  • targeting the anti-smoking ASH organisation.
  • Kloepfer also comments on the industry's erratic reactions to problems:

[W]e've bumped our exposure of independent expert consultants to the media from 30 in the first quarter, to 88 in the second.
People like Gray Robertson demonstrating real indoor air problems, or Alan Katzenstein explaining what's really in and not in the literature on environmental tobacco smoke. Again, each speaker has a quota assignment (a TI staffer) to accompany such people.
The Kansas City Star gave professional lobbyist Alan Katzenstein a good writeup.
The AP in Colorado did a long story on Robertson's "sick building lessons". He was on a phone-in show in Denver for a full hour.

[Note: Gray Robertson and his sham air-testing company ACVA/HBI were mainly responsible for promoting the idea that it was the building which were sick -- not the smoky air. This was promoted a scapegoat for illnesses and discomfort caused by passive smoking. See Sick Building Syndrome
  • [Heading] Media successes in recent times.

He lists three previous activities, then shows slides of recent achievements:

Fourth, targeted releases, out to the hinterlands.

  • One new vehicle is Tobacco Update, used for the first time this summer to notify some staff people at every newspaper with a ten-thousand-plus circulation of our summary views on the NAB aircraft cabin report.
  • Another vehicle is FYI, a good-looking article reprint format, which to date we've used to copy a couple of very good editorials on the ad-ban issue to some 1100 op-ed page managers and columnists. (Note: They were providing op-ed articles to magazines and newspapers in a high-gloss printer-proof format, so the article didn't need to be rekeyed or reset in type)
  • Here is Burt Neuborne's piece from the Washington Post;
  • this is Barry Lynn's article from the ACLU as it appeared in the LA Times.
  • A third vehicle is a straight news release. For example, a tailor-made statements (given to the media) in every State with a Ways and Means or Finance Committee member during the last days of debate on tax reform. (This propaganda was tailor-made for each state by:) ... estimating the statewide, regressive impact of any cigarette excise increase that might have remained in that legislation.
        (The) Pickup was fine. UPI told New Yorkers (that) an eight-cent increase would cost them $141 million (in extra cigarette taxes).
        AP notified the people of Colorado they would be in for another $25 million. The story said minorities and the poor would be the biggest targets. [9]
[Note that Professor Burton Neuborne, the former legal director of the ACLU, now ran the tobacco industry's Freedom to Advertise Coalition

1986 Sep The Communications division of the TI Monthly Reports lists some of the Tobacco Institute's achievements in getting stories opposing the Synar advertising-ban bill into newspapers:

Additionally, Scott Stapf (assistant to the president to the TI) has arranged consultant/ally (ie paid supporters) interviews for the following:

  • Barry Lynn, ACLUJ, with Mike Ward, Tulsa Tribune, 6/9/86.
  • Barry Lynn, ACLU, with Bill Kronholn, AP, 6/9/86.
  • Dan Jaffe, ANA, with Bill Kronholm, AP, 6/9/86.
  • Wally Snyder, AAAA, with Bill Kronhols, AP, 6/9/86.
  • Barry Lynn, ACLU, with Janet Meyers, Ad Ace, 6/9/86.
  • Wally Snyder, AAAA, with Janet Myers, Ad Aae
  • Barry Lynn, ACLU, with Dianne Oianelli, American Medical News, 6/9/B6.
  • Barry Lynn, ACLU, with Jerry Badlander, AP Radio, 6/9/86.
  • Wally Snyder, AAA, with Jerry Badlander, AP, 6/9/86.
  • Barry Lynn, ACLU, with Stove Colford, Ad Week, 6/9/86. [10]
If Lynn was doing this media work out of the goodness of his heart he was a very generous man with his time.

1986 Oct 9 Tobacco Institute draft for William Kloepfer's speech/statements. He is commenting on the industry's erratic reactions to problems:

[W]e've bumped our exposure of independent expert consultants to the media from 30 in the first quarter, to 88 in the second.

People like Gray Robertson demonstrating real indoor air problems, or Alan Katzenstein explaining what's really in and not in the literature on environmental tobacco smoke. Again, each speaker has a quota assignment to accompany such people. The Kansas City Star gave Katzenstein a good writeup. The AP in Colorado did a long story on Robertson's "sick building° lessons. He was on a phone-in show in Denver for a full hour.

Fourth, targeted releases, out to the hinterlands. One new vehicle is "Tobacco Update," used for the first time this summer to notify some staff people at every newspaper with a ten-thousand-plus circulation, of our summary views on the NAB aircraft cabin report.

Ancther vehicle is "FYI", a good-looking article reprint fotrmat, which to date we've used to copy a couple of very good editorials on the ad-ban issue to some 1100 op-ed page managers and columnists. Here is Burt Neuborne's piece from the Washington Post; this is Barry Lynn's article from the ACLU as it appeared in the LA Times.

A third vehicle is a straight news release -- for example, tailor-made statements into every state with a Ways and Means or Finance Committee member during the last days of debate on tax reform, estimating the statewide, regressive impact of any cigarette excise increase that might have remained in that legislation.

(The) Pickup was fine. UPI told New Yorkers an eight-cent increase would cost them $141 million [in extra cigarette taxes]. AP notified the people of Colorado they would be in for another $25 million. The story said minorities and the poor would be the targets. [11]

1987 Jan 20 Susan Stuntz, as head of the Public Affairs Division (PAD) of the Tobacco Institute has put together an overview of their 'readiness' for Federal Hearings on tax, advertising and public smoking bans. They are concerned about the recent GSA (Government Service Administration) ban on smoking in Federal buildings. This is a 21 page detailed document worth reading. It includes many items related to the cash-for-comments economists network:

  • Identification of witnesses from among appropriate ally and coalition groups.
  • Development of arguments and identification of experts and coalitions to argue that excise tax increases are not an appropriate means of financing health care costs.
  • Op-ed articles, letters to the editor, etc., from academic resources.
  • Continue efforts to obtain copies of GSA comments, via Freedom of Information request.
  • Identification of potential Congressional witnesses, and Congressmen who would be amenable to invite other scientists who support the industry's view on ETS to testify.
  • Approval to proceed with economic impact studies and/or voter surveys. One-month lead time is requested on both. On the former, decision will be needed as to whether to seek labor sponsorship.

Tax Hearing Readiness: They have five 'basic arguments' that cigarette excise taxes are: Regressive - Unfair - Inefficient - Inadequate - Unconstitutional.

And they intend to mobilize their Core Witness List to promote different aspects of the argument, including the economists:


1987 Apr 6 Fred Panzer and Susan Stuntz memo Peter Sparber at the Tobacco Institute re; Freedom to Advertise Coalition Budget - 1987 These figures are additional to line items in the existing budgets; they are trying to find some excess in other budget items.

Membership: $100,000
      Cost to join FAC is for "the tobacco industry." This sum represents direct lobbying and legislative support fees for cigarettes as well as smokeless. No determination has been made as to the proportion of the total to be borne by cigarettes.

  • Reproduction Printing: - $100,000
This would include information kits and reprints, as well as advertising and sampling videos, if there are no further reprints planned for HYD (an $10,000 line item in the 1308--5200 budget), we still need to identify an additional $20,000 to cover these materials.
  • Advertising: - $50,000
For advocacy ads in the D.C. market. There is $650,000 for HYD (Helping Youth Decide') and HYS [??] advertising in the 1308--0200 budget.
  • Professional Fees: - $130,000
There is $80,000 in the current 1308--7300 budget that is allotted to advertising creative fees and to James Peterson. If those funds are applied to this request, we still need to identify another $50,000.
  • Support to Other Organizations: - $120,000
The current 1308--7500 budget has $115,000 to cover first amendment activity, support to educational groups other than NASBE, and CASE. If support to education groups other than NASBE is unfunded, and if support to NASBE remains at $150,000, we would need to find another $5,000 to cover membership development and media relations support of FAC.
      However, if membership in FAC (see first item above) also is to come from the 1308--7500 budget, we may need to find as much as $105,000 from other sources.
Total: $500,000 [13]
CASE = Coalition for Affordable Sports and Entertainment
NASBE = Nat. Assn for State Boards of Education (they paid for a lobbyist Jolly Ann Davidson
HYD = "Helping Youth Decide" tobacco greenwashing-type program for schools.

1987 Jul 23 Sam Chilcote General Manager of the Tobacco Institute is reporting to his Executive Committee. He is choosing witnesses for a Waxman hearing on both the Synar Bill and Whittaker Bill (both ad ban legislation). Tobacco is now supported by the advertising industry which has lined up:

The Tobacco Institute has lined up its own lobbyists:

  • Charles Whitley. Mr. Whitley will also submit for the record statements of Professor Martin Redish , Northwestern University Law School,
  • Wallace D. Riley, former President of the American Bar Association.
  • Jean J Boddewyn, Prof of Marketing and Intl Business, Baruch College, City University of New York. [14]

1987 Aug 15 An article in the National Journal by Kirk Victor covers a range of related subject

  • LOBBYING     STRANGE ALLIANCES
    The tobacco industry has been reaching out to groups with which it ordinarily has little in common and taking advantage of their support to deflect the spotlight from its own strong economic interest.
[Note: This article is actually about the James Savarese and Robert Tollison operations for the Tobacco Institute, (including the use of economists and union officials) even though there is no mention of them or the Cash for Comments Economists Network.]
  • Is the ACLU's Stand on Tobacco Ads ... Principled or a Case of 'Moral Myopia"

    When Burt Neuborne, the legal director of the American Civil Liberties Union (ACLU), wrote an op-ed piece for The Washington Post on July 18, 1986, in which he blasted supporters of a congressional proposal to ban all forms of tobacco advertising, (the) antismoking lobbyists were, not surprisingly, dismayed.
     But even more upsetting to the foes of smoking was Neuborne's decision, just two weeks later, to appear at congressional hearings as a witness for the Tobacco Institute, the industry's lobby.
    [He left the ACLU - under attack] Neuborne, now a law professor at New York University, bristles at such charges.
     In the aftermath of Neuborne's testimony, rumors began cropping up about the nature of the relationship between the civil liberties organization and the tobacco lobby. The ACLU seemed to be spending a disproportionate amount of time taking the lead in defending cigarette advertising when the tobacco industry could quite effectively defend itself without such strong outside support, observed former Federal Trade Commission (FTC) chairman Michael Pertschuk, who is now director of the Advocacy Institute, which counsels public-interest lobbying groups. Pertschuk's son, Mark, is executive director of Americans for Nonsmokers' Rights, the largest nonsmokers' advocacy group in the country.
      Morton H. Halperin , the director of the ACLU's Washington office, explained that although tobacco lobbyists were called, they knew that such a request for help "would not lead to our doing more on the tobacco bill - we were already doing a lot and would continue to work hard on the issue." Added the ACLU's legislative counsel, Barry W. Lynn , "The ethical issue for me is whether there was a quid pro quo, and there clearly was not."
     The ACLU has also been criticized for its decision to file a brief in support of R.J. Reynolds Tobacco Co. in an administrative case brought by the FTC charging that the tobacco company had run a false and deceptive ad called "Of Cigarettes and Science." The ACLU's New York office discussed the case with Reynolds's prominent Ist Amendment lawyer on the case, Floyd Abrams, who sought the ACLU's intervention.
    [15]


1987 Nov Fred Panzer's regular report to the TI on 'Advertising Issues.

  • Rep Ted Weiss (D-NY) has introduced the "Smoking and Health Advertising Act of 1987" which would disallow deductions for tobacco advertising expenses unless the advertiser contributed more than 5% of these expenses for "health awareness advertising". {Already under consideration are the Synar bill (full ban) and Bradley/Stark + Bates and Whittaker legislation.]

    We have alerted our Freedom to Advertise Coalition (FAC) allies to this legislation. The opposition of the American Civil Liberties Union (ACLU) is encouraging, as is the initial opposition of the our advertising allies.

We are also focusing on cementing the opposition of media groups -- Magazine Publishers Association (MPA), American Newspaper Publishers Association (ANPA), and National Association of Broadcasters (NAB).[[16]Also active were Advertising Tax Coalition, [[Washington Legal Foundation]. Panzer has a Advertising Issues budget this year of $1.39 million.


1988 Jan Fred Panzer's regular (bi-monthly?) report to the TI on the 'Advertising Issues' says:

Communications Daily, a media trade newsletter, had reported that [Henry] Waxman intended to make the Synar bill (HR 1272) a legislative priority for his Health and Environment Subcommittee. Now the inside word is that the Chairman plans to take no action. Lobbying teams from the 'Freedom to Advertise Coalition (FAC) plan to visit the Hill early next month to quietly assess the sentiment on the Health and Environment Subcommittee.

The Freedom to Advertise Coalition (FAC) and the American Civil Liberties Union (ACLU) joined forces to debate Congressman Synar's legislative-aide; John Hollar at a seminar sponsored by the Federal Communications Bar Association.

Covington & Burling's legal analysis of the Weiss bill (HR 3503), the first counter-advertising measure introduced so far in the 100th Congress; was sent to (TI's) Federal Relations last month for comment (by) allies in the Freedom to Advertise Coalition.

After agreeing to join the Freedom to Advertise Coalition, I have learned that the National Association of Convenience Stores (NACS) has reneged on making the agreed-on financial commitment. A memo on the details is coming to me. [17]

1989 Powerpoint presentation lists as Legal Witnesses (lobbyists prepared to appear before Congressional committees):
Burt Neuborne, NYU, Philip Kurland, Univ of Chicago, Martin Redish, Northwestern Univ=., Barry Lynn, ACLU, Morton Halperin, ACLU, Dan Popeo, Washington Legal Foundation, Craig Smith, Freedom of Expression Foundation, Richard Wiley, Former FCC Chairman.[[18]]


1989 Jan The Tobacco Institute's Public Affairs Management Plan. Fred Panzer reported on Advertising Issues:

At the January 27-28 American Medical Association conference in Houston (anti-smoking measures were proposed which) range from a total ban on the advertising and promotion of tobacco products to seemingly less-drastic alternatives -- content control and counter-advertising proposals -- designed to burden "commercial speech" to the point of extinction.

Presence of the Freedom to Advertise Coalition (FAC) at the AMA Houston conference demonstrated to media and, more importantly, to Congressmen and staff, that opposition to advertising restrictions is much broader than the tobacco industry. The FAC representative was the only "friendly" at the open portion of the workshop on advertising regulation. FAC plans to lobby members of the Energy and Commerce Committee and use the documents as briefing papers. The coalition also plans a follow-up distribution to media and other Congressional Members and staff.

[Also we saw that some] Favorable progress with our "slippery slope" coalition has been achieved. The Freedom to Advertise Coalition, along with its individual trade group members, have challenged proposals of the recent Surgeon General's workshop on drunk driving. The parallels with tobacco advertising are obvious, and for the first time in decades, we are talking with the National Association of Broadcasters.

[Next month plans:] Continue building our "slippery slope" coalition. [19]
[Note:The slippery slope claim was a very effective way to build a friendly coalition which included alcohol companies, fast-food, confectionery and pharmacueticals -- and others who might be likely to face advertising restrictions also.]



1989 Jun 21 Tobacco Institute: Briefing of Ehud Houminer of Philip Morris International -- comments on the advertising issue.

When the AMA first proposed its advertising ban four years ago, our allies came to us. [But] those days are gone. Today Institute staff is looking for additional allies -- when the time comes for hearings. It becomes our job to; contact those allies, encourage them to testify, ensure that Congress allows them to testify, write their testimony, and coordinate any press coverage. [Paraphrased] The main support comes from advertising groups
When the AMA convened its anti-tobacco conference in Houston in January, the advertising community was there with the Institute, collaring the press, getting their responses out to the media.
When legal questions arose, we arranged through the advertising allies for reporters to talk to Barry Lynn of the ACLU . We had reached agreement in advance with the adverising groups to put [those newspapers wanting a local angle] in touch with local advertising organization, and Barry Lynn agreed to refer them to local ACLU Chapters.

The TI organised for the ACLU to join forces with the Washington Legal Foundation (WLF) which was definitely a tobacco ally (if not one of their fronts) to attack the Synar (Cig. Ad) Legislation.

Last month, we asked the WLF to mail to its Congressional, media and business mailing lists an analysis of the Synar Bill by ACLU attorney Lynn. The Institute provided the funding for the mailing. [20]


1989 Aug A report on the activities of the Tobacco Institute's Communications Division shows that he was now mixing in totally corrupt circles:


1989 Aug /E (Summer issue) International Health & Development (A journal run by David A Morse] and Paul Dietrich for Philip Morris and the Tobacco Institute) carries a part-reprint of "an essay on the relationship among free speech, free markets and democracy commissioned by the Association of National Advertisers and the Interpublic Group of Companies." It also has a long article "The Basis of a Free Society" on Commerical free speech by Barry Lynn, legislative counsel of the Washington DC Office of the ACLU. [22]


1989 Dec 7 The Tobacco Institute's Public Affairs Division report for the Board of Directors. This document has a section labled;


1990 JulThe Tobacco Institute lists the 'consultants' who have served them in various capacities in the previous year, and outlines what service each of them has provided (on a month-by-month basis)

Advertising:

  • 7/89 Testimony in opposition to the Luken Bill (H.R.1250)
  • 8/89 Article in Playboy on proposals to censor tobacco advertising
  • 11/89 Statement re Luken hearing on tobacco industry conflicts with Cigarette Labeling and Advertising Act
  • 7/90 Testimony in opposition to Waxman Bill (H.R. 5041) [23]
Advertising Issues: Resources and Allies
American Civil Liberties Union Washington Legal Foundation
Legal Scholars Network of 20 political scientists
Bert Neuborne Scott Ward
Philip Kurland Barry Lynn
Freedom to Advertise Coalition
Advertising trade groups State and local ad clubs
Freedom of Expression Foundation Leadership Council on Advertising Issues
Council for Commercial Freedom See doc.

1990 Jul 12 A Tobacco Institute document lists the editorial successes of a large number of the paid cash-for-comments academics and consultants. It outlines what each has done in the recent past.

  • Philip Kurland,
  • Barry Lynn,
  • Bert Neuborne, Professor, New York University School of Law
    • 4/90 Testimony on behalf of Freedom to Advertise Coalition on Constitutional implication of Kennedy bill (S. 1883) [24]

1990 Aug 3 Sam Chilcote at the Tobacco Institute has advised the Members of the Executive Committee of plans to develop a celebrity speakers program using academics and other expert consultants. They offer the speakers both money and personal/companypromotion:

[W]hile it is clear that there are a number of individuals who can and are speaking out on our issues independent of The Institute, there also is much more that could be done. There are, for example, opportunities to develop higher profiles for those individuals with whom we enjoy an existing relationship, and to increase within the media an awareness of their availability.

There also are a number of individuals who have been identified who do not currently have a relationship with the industry, but whose views appear to be compatible with our own.
  Should the Executive Committee decide that it wants to proceed with an expansion of our speakers' program, these individuals would be contacted to determine their interest in our issues. The addition of new speakers to our program will be expensive.
  Most of these individuals command substantial consulting fees; media and other activity will require a new commitment of funds, although an exact amount cannot be determined until candidates have been approached.
He then lists:

  • Authors, newscasters and newspaper columnists
  • Well-known politicians, political aides, White House staffers, State authorities, agency administrators, etc
  • Heads of various coalition groups (American Advertising Federation. etc)
  • legal and business academics from Savarese's network list.
  • 'risk assessment' academics and promoters.
  • experts in indoor air pollution and ventilation systems.
  • academic economists (the Cash-for-Comments economists network)
  • Many other collaborators and some likely allies:

This consultant (Barry Lynn) along with about a hundred others, is thought to be a potential speaker.

The category heading was :- First Amendment/Constitutional Issues/Advertising Issues
Tobacco Institute list

    • Martin Redish -- University of Chicago law professor, Redish already appears in the broadcast and print media on advertising and other Constitutional issues.
    • Burt Neuborne -- Neuborne has represented the ACLU, the Freedom to Advertise Coalition and the tobacco industry in Congress and in media forums on Constitutional issues.
    • Floyd Abrams -- This pre-eminent First Amendment scholar has been most accommodating in Congressional and media appearances to defend the industry's right to advertise its products.
  • James Dickinson -- This former Washington Post political writer might speak out against efforts to censor free speech through advertising bans and restrictions.
    Philip Morris List [All PM consultants]
    • HOWARD H BELL, president of the American Advertising Federation, Washington
    • DANIEL L JAFFE, executive vice president of government relations, Association of National Advertisers, Washington
    • PHILIP KURLAND, professor of law, University of Chicago
    • BARRY W LYNN, legislative counsel, American Civil Liberties Union
    • BERT NEUBORNE professor of law, New York University School of Law, formerly national legal director, American Civil Liberties Union
    • MARTIN H. REDISH , professor of law, Northwestern University
    • RICHARD MIZERSKI, professor of marketing, Florida State University, former FTC staff member
    • ROGER D BLACKWELL , professor of marketing, Ohio State University and president of Blackwell Associates, a marketing consulting company
    • DR. J. J. BODDEWYN , professor of marketing and international business, Baruch College of City University of New York.

[Note: An attached TI note says that the consultants on the above list: "have existing relationships that allows them to testify, conduct media tours, write op-eds, etc. as appropriate ."] [25]

[Note: In tobacco industry jargon "Constitutional Issues" refers to the "Freedom to Advertise" or so-called "Commerical Free Speech" projects which were run (often for free) in the print and broadcast media.]

1991A catalogue of useful consultants and witnesses which was later found in the B&W files carried many entries on consultants and lists their credential to show how much they could be trusted.

Advertising (relevant extracts only)

  • Commercial Free Speech -- Barry Lynn, Legislative Counsel, ACLU
    • 7/89 Testimony in opposition to the Luken Bill (H.R.1250)
    • 8/89 Article in Playboy on proposals to censor tobacco advertising
    • 11/89 Statement re Luken hearing on tobacco industry conflicts with Cigarette Labeling and Advertising Act
    • 7/90 Testimony in opposition to Waxman Bill (H.R. 5041) [26]

1991 Sept The Tobacco Institute's Public Affairs division is facing drastic budget cuts. The budget documents show that they will cut funding to CART (Coalition Against Regressive Taxation) a well-established tobacco front; the FAC (Freedom to Advertise Coalition) also a tobacco front; NEMI (National Energy Management Institute) another front; and BCIA (Business Council on Indoor Air) yet another front. The American Civil Liberties Union (ACLU), Washington Legal Foundation (WLF) andNational Chamber Foundation (NCF) were not controlled by tobacco, but part-funded by them.

"'Support to CART limited to annual dues of $45,000."
Zero out all support to 'Freedom to Advertise Coalition (FAC), ACLU, Washington Legal Foundation (WLF) on advertising and other First Amendment issues
Continue to support NEMI, other labor groups, BCIA on federal and state IAQ issues.
Zero out funds for BCIA entirely related to corporate workplace program and for IAQ studies in private businesses,
Eliminate support to National Chamber Foundation (NCF) "social cost" coalition. [27]

1992 Oct Barry Lynn has transferred from the ACLU to become the Executive Director of Americans United for Separation of Church and State.

External links