The Fairy Tale of John Banzhaf and the Fairness Doctrine

Racketeering under color of law: The Lasker Syndicate stacked the FCC. Those with connections in high places get their stooges appointed to high positions, and Mary Woodard Lasker, the head of the American Cancer Society, had abundant, intimate access to Lyndon Baynes Johnson. And, former FCC Commissioner Newton N. Minow was her longtime crony.

The Official Lie (From former FCC Commissioner Nicholas Johnson): "Fortunately, however, there was one young man who understood the law of effective reform and attacked the problem accordingly. He was John Banzhaf, a New York lawyer in his twenties--now a law professor at George Washington University in Washington, D.C. Mr. Banzhaf, too, wrote to Washington. But his letter was different. He called it a 'fairness complaint.' In it he specified an offender: the CBS-owned flagship station in New York City, WCBS. He said the station ran great quantities of cigarette commercials. He then referred to a legal principle, the "fairness doctrine," which has evolved over the years from the Communications Act, FCC regulations, and FCC and court decisions. [Sic - after serving the anti-smokers' purposes, it has been abandoned and no longer exists - cast] It provides, in summary, that that a broadcaster has an obligation to treat 'controversial issues of public importance' fairly, and to present all sides of such issues during the course of his programming. The remedy it provides, and which John Banzhaf sought, is that the FCC can order a station complained of to present the omitted points of view. (The FCC generally leaves it up to the station to decide how this is to be done.) In this case, said Mr. Banzhaf, the debate about cigarette smoking is 'a controversial issue of public importance.' Cigarette commercials constitute the presentation of a particular point of view. (Cigarette smoking is associated with vigor, success, and good times.) WCBS had failed, he said, to present the other point of view. (Cigarette smoking is also associated with gruesome lingering illness and death.) [So is Johnson's smug and smarmy vegetarianism, but no one has ever forced those little vermin to say so - cast] The "fairness doctrine" requires, therefore, that the FCC order WCBS (and, by implication, all other stations) to present information about the health hazards of cigarette smoking.

"Mr. Banzhaf won. A potential of some fifty to one hundred million dollars' worth of free anti-smoking commercials were soon thereafter being presented in the course of a year over radio and television. Through his rather simple act and investment in a six-cent stamp he had produced a result that federal officials and hundreds of thousands of concerned Americans had been unable to bring about: cigarette consumption declined in our nation for one of the first times in its history." (Nicholas Johnson, How to Talk Back to Your Television Set. Bantam Books, 1970.)

Chapter 9 / Nicholas Johnson website at University of Iowa

So the anti-smokers got yet another massive subsidy for their crass defamations, in addition to the countless millions of dollars of free publicity for the propaganda of the Lasker Syndicate-controlled health establishment under the guise of "news," and on top of the traditional masssive free PR for the American Cancer Society from local stations. And they concocted this smarmy fairy tale about "a simple act and a six-cent stamp," so that the trusting little sheeple will continue to have childlike faith in the responsiveness and purity of their Lasker Syndicate-corrupted government, who used their political pull to plant rabid anti-smokers in the FCC to make up and twist rules for their benefit.

From a prissy academic treatment of these events: "During the early 1960s the issue of tobacco smoking and its effects on the public health began to generate a great deal of public discussion. In 1966 the FCC determined that the broadcast of cigarette commercials was a controversial issue and required anti-cigarette advertising in some reasonable proportion to the number of cigarette advertisements presented (Banzhaf v. FCC, 1968).

"Following the cigarette decision, product advertisements for cars, snowmobiles, public utilities and gasoline engines were attacked by environmentalists and others who said some advertising raised controversial issues, even if the controversy was not addressed in the advertisement. The FCC reversed itself in 1974 and said that its decision on cigarette advertising was in error (FCC, 1974, paragraphs 66-70)."

Ignore the high-falutin' rhetoric that only fogs the issue. The original decision was not an "error." It was deliberate. It was the corrupt fruit of the Lasker Syndicate, made to order for the anti-smokers to suppress freedom of speech - and to psychologically brutalize smokers and the American people, using the same government-funded apparatus of psychological warfare that they had set up during World War II.

The FCC and LBJ

FCC Commissioners Rosel H. Hyde, Lee Loevinger and Kenneth A. Cox voted to approve the sale of KLFY-TV, Lafayette, La., to Texoma Broadcasters, Inc. Robert T. Bartley, a Texas Democrat, opposed the sale. The Texas Broadcasting Co., formerly the LBJ Co., held a minority interest in Texoma. President Johnson's wife and two daughters held a majority of the stock in Texas Broadcasting. Eighty percent of Texoma was owned by KWTX Broadcasting Company, which in turn was owned by Texas Broadcasting, the sole owner of the Johnson family broadcast property in Austin, Tex. The Johnson stock was held in trust but would revert to their control after Johnson left office. (F.C.C. Backs TV Purchase for Johnson Interests. (UPI). New York Times, Jan. 28, 1965.)

FCC Chairman Rosel H. Hyde

Rosel Herschel Hyde was Chairman of the FCC from 1966 to 1969. Broadcasters were jubilant when he was appointed, because they thought that he was a conservative Republican who believed that 'the least regulation is the best regulation,' and would reverse the activist policies of E. William Henry and Newton N. Minow. (Heat's Off Broadcasters. By Lawrence Laurent. Washington Post, Times Herald, Jul. 21, 1966.) As to suggestions that the so-called Fairness Doctrine could be applied to other products, Hyde said: "We have explicitly stated that the ruling is limited to this unique product and imposes no 'fairness doctrine' obligation as to other products." (Hyde Firm on Cigarette Warning. Washington Post, Times Herald, Sep. 23, 1967.) In 1969, the FCC voted 6 to 1 to propose a rule banning cigarette advertising on radio and television, with James Wadsworth dissenting. "Hyde said the FCC acted on its own initiative, without advice from the new administration, on the basis of reports by the department of health, education and welfare linking smoking and lung diseases." (Stop All Cigaret Advertising on Radio and TV, FCC Advises. Chicago Tribune, Feb. 6, 1969.) "Never before has the FCC banned broadcast advertising of a product, Hyde told reporters. The only prohibitions - such as that on ads for hard liquor - have been voluntary. 'We stress... that our action is limited to the unique situation and product... and expressly disclaim any intention to proceed against other product commercials,' the commission said." (Agency Acts to Ban TV and Radio Cigarette Ads. By Morton Mintz. Washington Post, Feb. 6, 1969.) "Hyde said the vote in favor of the proposal was 6 to 1 with James Wadsworth casting the no vote." (UPI 2/5/69.) "Max D. Paglin, executive director of the F.C.C., called the attention of Rosel H. Hyde, F.C.C. chairman, to the imminent expiration of the labeling act. He found a particularly welcome hearing because Mr. Hyde personally has pleaded with friends not to smoke. Also, Mr. Hyde is an active Mormon. 'We've said in the church for 100 years what everybody is saying now,' Mr. Hyde observed last week. He is largely credited with exerting the individual initiative to propose the ban in the absence of a Congressional restriction to the contrary." (TV: Hazards of Smoking. By Jack Gould. New York Times, Feb. 24, 1969, p. 5.)

Feb 6, 1969 / UCSF (pdf, 11 pp)

Hyde was an assistant to the general counsel of the Federal Radio Commission in 1928. Lt. Tunis A.M. Craven, USN, was a "prominent radio engineer attached to the commission. (Radio Commission Personnel Now 67. By Lynne M. Lamm. Washington Post, Nov. 11, 1928.) Hyde was rumored to have "the inside track for the GOP vacancy on the Federal Communications Commission. His name has been recommended to the President, and now a check is being made to determine how good a Republican he is." (The Federal Diary. By Jerry Kluttz. Washington Post, Jun. 30, 1944.) Hyde "has potent support from Capitol Hill Republicans for the vacancy on the Federal Communications Commission. He's an assistant general counsel of FCC and a protege of the late Senator Borah [of Idaho]." (The Federal Diary. By Jerry Kluttz. Washington Post, Dec. 19, 1944.) Instead, Hyde replaced Charles R. Denny Jr. as general counsel of the FCC. (Denny Installed In FCC; Hyde Fills Old Post. Washington Post, Mar. 31, 1945.) The next year, President Truman appointed him a Commissioner. He was a native of Downey, Idaho. (Truman Names Rosel H. Hyde to FCC Post. Washington Post, Mar. 22, 1946.) He was a member of the Ford Foundation - Fund For the Republic - Center for the Study of Democratic Institutions panel discussions on "Broadcasting and Government Regulation in a Free Society" in 1959. Other members of these panels included Robert Maynard Hutchins and Newton N. Minow. (List from "Freedom of the Press. An Annotated Bibliography," by Ralph E. McCoy.)

Bibliography C2 / Southern Illinois University

Rosel H. Hyde, chairman of the FCC, made a presentation at the 17th annual awards dinner of Religious Heritage of America. The main speaker was Rev. Dr. Eugene Carson Blake of Geneva, Switzerland, secretary general of the World Council of Churches, and author of the Blake-Pike plan for the merger of all Protestant denominations. W. Clement Stone of Chicago was also a presenter. (Dr. Blake to Address Religious Heritage Dinner. Washington Post, Times Herald, Jun. 10, 1967.) Strangely enough, Stone, who had strong ties to Richard M. Nixon and George Herbert Walker Bush (S&B 1948), was the owner of Hawthorne Books, which published "Is It Safe to Smoke," which the anti-smokers claimed was a commercial for Liggett & Myers' Lark cigarettes.

The General Counsel of the Federal Radio Commission in 1928-29 to whom Rosel H. Hyde was an assistant was Bethuel M. Webster Jr. Webster created its policy that the licenses of radio stations which broadcast health claims in cigarette advertising which were contrary to his health opinions would not be renewed. (In: Federal Communications Communications Commission. Applicability of the Fairness Doctrine to Cigarette Advertising. Memorandum Opinion and Order. In the Matter of Television Station WCBS-TV, New York, N.Y., RM-1170; FCC 67-1029. Federal Register 1967 Sep. 15;32(179):13162-13174.) Webster was general counsel of the Fund for the Republic since 1953, and a trustee of Ford Foundation since 1961. Liggett & Myers Tobacco was the biggest client of his law firm, Webster & Sheffield, and other partners served as general counsel and directors of L&M.

Fairness Doctrine, Federal Register Sep. 15, 1967 / UCSF (pdf, 13 pp)

Hyde was a staff member of the FCC since its inception in 1934. He first served as chairman under President Dwight D. Eisenhower. "His reappointment by President Lyndon B. Johnson, a Democrat, was the first time that a chairman of the commission was reappointed and the first time a President named a chairman from a different political party." After retiring from the FCC during the Nixon administration, Hyde joined the law firm of Wilkinson, Cragun & Barker (later Wilkinson, Barker, Knauer & Quinn) as a partner. (Rosel H. Hyde, 92, Chairman of F.C.C. Under 4 Presidents. By Lee A. Daniels. New York Times, Dec. 22, 1992.)

FCC Commissioner Robert T. Bartley

Robert T. Bartley was a commissioner from 1952 to 1972. He was a nephew of House Speaker Sam Rayburn, "a principle sponsor of the legislation that set up the F.C.C. in 1934." He had been on the investigative staff of the House Committee on Interstate and Foreign Commerce, which had jurisdiction over broadcasting, since 1932. He was director of wartime activities of the National Association of Broadcasters from 1943, and an administrative assistant to his uncle from 1948 to 1952. (Robert Bartley, Ex-FCC Member, Dies At 78. Washington Post, Jan. 9, 1988.) He was named director of the telegraph division of the Federal Communications Commission in 1934. (Radio Director Post is Given to Killeen. New York Times, Sep. 8, 1934.) He lost his job three years later when the commission ws reorganized, but was reappointed by President Truman. (Walker Is Named Chairman of F.C.C. New York Times, Feb. 29, 1952.) Bartley and Rosel Hyde were guests at a luncheon in honor of Adlai E. Stevenson given by President Eisenhower. Secretary of State John Foster Dulles; CIA director Allen W. Dulles; Harold E. Stassen, director of the Foreign Operations Administration; and Eldon C. Upton Jr. and Robert W. Williams of the Maritime Commission also attended. (Stevenson Briefs President on Trip. New York Times, Oct. 2, 1953.) Bartley was the only cigarette smoker on the commission. (Agency Acts to Ban TV and Radio Cigarette Ads. By Morton Mintz. Washington Post, Feb. 6, 1969.)

FCC Commissioner Kenneth A. Cox

Cox was FCC Commissioner from 1963 to 1970. FCC Chairman Newton Minow had appointed Cox to be Chief of the Broadcast Bureau of the FCC in 1961. (FCC Public Notice, March 9, 1961.) Cox was born in Topeka, KS in 1916. He held degrees from the University of Washington and the University of Michigan. He taught at the University of Michigan law school from 1946 to 1948, and practiced law in Seattle, Wash. from 1948 to 1961. He was a Democrat. (Craven Quits; Cox is Named to FCC Post. Chicago Daily Tribune, Dec. 11, 1962.) "The composition of the Federal Communications Commission is slowly being given a more liberal bent and in time the change could have a major influence on the relationship between Government and the broadcasting industry. Kenneth A. Cox has been named to succeed T.A.N. Craven on the F.C.C. Earlier, E. William Henry succeeded John S. Cross. In effect this means the arrival of two commissioners substantially in sympathy with the vigorous chairman, Newton Minow." (WNDT Makes Bid For Public Gifts. New York Times, Dec. 15, 1962.) "Mr. Cox did not win his own F.C.C. appointment without political credentials. He had been special counsel to the Senate Commerce Committee's television inquiry in 1956 and was considered a protégé of the committee's chairman, Senator Warren G. Magnuson, Democrat of Washington." (F.C.C. Man Bitter As Term Is Ending. By Christopher Lydon. New York Times, Jun. 15, 1970.) After retiring from the FCC, Cox became a senior vice president of Microwave Communications of America (MCI), and was associated with the Washington law firm of Haley, Bader and potts, which handled MCI's legal affairs. (FCC Commissioner Accepts Firm Post. Washington Post, Times Herald, Aug. 31, 1970.)

FCC Public Notice, 1961 / Alan Freed Archives (pdf, 1p)

FCC Commissioner E. William Henry, Yale 1951

Emil William Henry was a Memphis, Tenn. attorney who graduated from Yale University and Vanderbilt law school. His confirmation hearing by the Senate Commerce Committee took only 25 minutes, and only two of the committee's seventeen senators, Strom Thurmond (R-S.C.) and Ralph Yarborough (D-Tex.) were present. Sen. Estes Kefauver (D-Tenn.) praised him and Sen. Albert Gore (D-Tenn.) sent a letter of support. (Hill Gives Henry Once-Over - Fast. By Lawrence Laurent. Washington Post, Times Herald, Sep. 22, 1962.)

"Former FCC Commissioner Bill Henry, now president of Management Television, marrying Standard Oil heiress Alexandra Hufty Reynal de Atucha at the Page Hufty's Washington residence last weekend." He was divorced from his wife, Sherrye, who had a TV program in New York. "The pair honeymooned in John Archbold's gatehouse in Washington." (Betty Beale's Washington Letter. San Antonio Express and News, Jun. 25, 1972.)

In 1986, he was a a partner in the Washington law firm of Ginsburg, Feldman & Bress; chairman of WETA, the public television station in Washington; and a director of the Public Broadcasting System. His son, Emil William Henry Jr., as well as his daughter-in-law, graduated from Yale. He was a former analyst for the First Boston Corporation in New York. "The bridegroom is a grandson of Clyde Lee Patton of Memphis, president of the Patton Brothers Cotton Company; Mr. Patton, at the age of 88, is the oldest active member of the Memphis Cotton Exchange." (Judy Sollers Has Wedding. New York Times, Jun. 15, 1986.) Emil W. Henry Jr. was assistant Treasury secretary for financial institutions, before he was hired as a managing director in private equity at Lehman Brothers. (The Churn. New York Times, Jul. 6, 2007.)

Sherrye Patton Henry was commentator and special political correspondent for WOR Radio in New York, where she previously had an interview and talk show. Sherrye Patton Henry Jr. graduated from Yale as well. Her husband graduated from Florida State University and Georgetown University Law Center. He was a partner in Kirkland & Ellis in Denver. (Sherrye Henry Jr. And John Garrett Are Wed on L.I. New York Times, Dec. 4, 1988.)

FCC Commissioner Nicholas Johnson

Johnson was FCC Commissioner from 1966 to 1973. "While Johnson was still at the FCC, Charles Benton approached him about the possibility of leading a restructured NCCB [National Citizens Committee for Broadcasting] (N. Johnson, personal communication, December 22, 2000.) Johnson was not interested in parlaying his job at the commission into a high paid job in the service sector, in fact, he thought the idea of taking advantage of the contacts he had made in the public service sector for private profit was obscene. However, Johnson was interested in continuing his role at the FCC in another capacity, and he was also considering running for Congress from Iowa.

"Charles Benton and his father, William, had been active from the very beginning in all of the various incarnations of the NCCB. William Benton was a former senator from Connecticut, a member of the original Carnegie Commission, and the chairman of the board of Encyclopedia Britannica. He had always been an outspoken critic of the quality of television programming and believed it was underutilized resource. Charles Benton was the president of Films, Incorporated. After his father's death, he became the principal administrator for the Benton Foundation, a philanthropic organization supported in part by royalties accrued from the invention of Muzak and the Encyclopedia Britannica. The Bentons had provided most of the continuity of imagination, energy, and funding that had carried the NCCB this far, and the foundation was willing to provide funding again if Johnson would agree to be chair. According to Chuck Shepherd, Johnson's office manager at the FCC and later the editor of access, 'Charles Benton and several other foundation people said that they were basically putting money down to keep Nicholas Johnson in the public eye.' ...When Benton secured additional funding for research from the J.M. Kaplan Fund, the Ruth L. Ottinger Fund, and the Stern Fund, Johnson agreed to take the position in June 1973 when his term on the FCC was set to expire." (The National Citizens Committee for Broadcasting: A Forgotten Chapter of the Media Reform Movement of the 1960s and 1970s. By Beth Caron Fratkin. MS Thesis.)

Fratkin, NCCB / University of Utah (doc)

Thomas P.F. Hoving, director of the Metrpolitan Museum of Art, was chairman. Other founders included Devereux C. Josephs, Ralph Lowell, chairman of the Boston Safe Deposit and Trust Co. and president of WGBH-TV, Boston; and former FCC Chairmen Newton N. Minow, director of WTTW-TV, Chicago and E. William Henry. (Citizen Unit to Aid Public TV System. By Jack Gould. New York Times, May 26, 1967.)

Johnson bio at U. of Iowa: "Co-Director, Institute for Health, Behavior, and Environmental Policy, 1990-93 (projects on children's use of tobacco, handgun injuries, human genome public policy, risk assessment, television impact on health behavior). As FCC Commissioner helped establish 'anti-smoking' public service announcements, credited with decline in US tobacco use."

Bio 2 / Johnson website, University of Iowa

Johnson makes the ludicrous claim that "There is a prime example of this industry's effort to take all the way to the Supreme Court of the United States the arguement that they have the constitutional right to keep from the American people information about the health hazards of cigarettes." As a matter of fact, the tobacco companies were expected to defame themselves to cater to the malice of fascist buffoons, particularly Johnson. (CBS Face the Nation, Sep. 14, 1969.)

CBS Face the Nation, 1969 / UCSF (pdf, 22 pp)

Johnson praises anti-smoker Sen. Tom Harkin of Iowa, and spouts the Big Lie that smoking is an economic burden (Suing the tobacco industry is a solution. Iowa City Press-Citizen 1994 July 11).

Iowa City Press Citizen, 1992 / Johnson website, U. of Iowa

Before his appointment to the FCC, Johnson was an administrator in the Maritime Commission, chairman of the Maritime Subsidy Board of the US Chamber of Commerce, from 1964 to 1966. "Ships Too Strong? U.S. Seeks Answer." New York Times, Mar. 8, 1966, p. 78, col. 6. (Administrator Johnson orders Naval Architects Society study of whether there is excessive structural steel on U.S.-flag ships; Great Lakes carrier E.L. Ryerson (Inland Steel Company) first subject; Lake Carriers Association to participate; American Shipping Bureau may modify specifications as result)."

Johnson is a Fellow of the International Leadership Forum of the Western Behavioral Sciences Institute, along with Paul Hoffman's son Hallock Hoffman, and Daniel Yankelovich, chairman of Public Agenda.

Roster of Fellows / International Leadership Forum

FCC Commissioner Lee Loevinger

Lee Loevinger, Newton Minow, Robert Meyner, and the creation of New York City public television station WNET: Circa 1961, "a group of important New York citizens, some with Ford [Foundation] connections, decided to try to set up a public television station for the city;" they created a new organization, ETMA. They wanted to buy the money-losing Channel 13 in Newark, New Jersey. Fortuitously, "the FCC wanted an educational channel in New York and wouldn't approve the transfer of 13's license to a commercial buyer, so, in effect, the station owners had to sell to ETMA." Newton Minow just happened to be Chairman of the FCC. Lee Loevinger, then Assistant Attorney General in charge of the Antitrust Division of the US Department of Justice, helped persuade the area's commercial stations to contribute money to assist ETMA by giving them a commitment that they would not be prosecuted for anti-trust violations for doing so.

However, New Jersey Gov. Robert Meyner objected to the sale on the grounds that it would deprive his state of a station for local news and advertising. "The matter was resolved privately, at the end of November, 1961, with a handshake agreement in the New Jersey governor's mansion," between Meyner and representatives of Minow and ETMA. "The governor was offered a position on the station's Board and promised special programming relating to New Jersey." (Biography. Papers of Joseph S. Iseman, University of Maryland.) Iseman later became legal advisor to the Children's Television Workshop, while Meyner, whose mother-in-law had been a director of the Ford Foundation's Fund For the Republic from 1952 to 1961, was later appointed to administer the Cigarette Advertising Code.

Iseman Biography / University of Maryland Libraries

From the New York Times, Dec. 11, 1961: "The Federal Communications Commission played an extraordinary role in the lengthy maneuvers that ended last week in assuring educational television for the New York metropolitan area. The commission abandoned its usual passive stance and aggressively promoted the educational proposal. According to those involved, the plan to sell WNTA to an educational group could never have succeeded without the commissioner's activities behind the scenes... The 'Notice of Inquiry' was in fact regarded in the industry as a not-so-gentle hint to WNTA that it had better sell to the educational group. And WNTA certainly took it that way. 'That notice was the ball game,' one observer said. 'WNTA knew it had to sell to the educators.'" In other words, FCC Chairman Newton Minow flagrantly abused his power - and got away with it. And we're expected to believe as well that his involvement only began "One morning last February" when he read an article in the New York Times that said an educational group had offered to buy the station. PS, the poster of this article, Tedson J. Meyers, Esq., is boasting of his own involvement. "A 1953 graduate of Harvard Law School where he was founding president of the Harvard Legislative Research Bureau,... He was assistant to the chairman of the Federal Communications Commission under Newton N. Minow; served as director of educational television projects; was special assistant to the director of the Peace Corps,... " He married Lynn Scholz, whose matron of honor was Mrs. William H. Boardman Jr. of Boston, whose husband is a brother-in-law of James W. Fordyce of the Lasker Foundation. (Lynn Scholz Bride of Tedson Meyers. Washington Post, Aug. 9, 1978.) Meyers was also a speechwriter for the late Sen. Hubert H. Humphrey "and directed the operations of the Democratic National Committee in New York State during the 1968 Presidential Campaign." (Lynn Scholz Is Bride of Tedson J. Meyers. New York Times, Aug. 7, 1978.)

New York Times, 1961 /

Devereux C. Josephs, a vice chairman of the New York Life Insurance Company and a director of the Morgan Guaranty Trust who was involved in these negotiations, had been a sponsor of the New York Heart Association in 1946, along with Mary Woodard Lasker and others.

As Assistant Attorney General in the Antitrust Division of the DOJ, Loevinger assured Robert L. Wald, attorney for P. Lorillard Company, that the Department would not prosecute the tobacco companies for anti-trust violations for discussions to create an advertising code. (Loevinger letter to Wald, May 23, 1963.)

Loevinger to Wald, 1963 / UCSF (pdf, 2 pp)

In TV Guide, Loevinger said of his "F.C.C. colleagues who follow the Minow philosophy... 'They have the notion that they should use their power to reform what they consider to be ills - to bring everyone into conformity with their ideas of morality. When you look at it clearly, it's breathtaking audacity.'" (Dissenter of FCC Sounds Off in Print. By Lawrence Laurent. Washington Post, Times Herald, Jun. 29, 1965.)

Loevinger has been with the law firm Hogan and Hartson (with which the Lasker ally, former Rep. Paul G. Rogers is also associated) since leaving the FCC. Loevinger is an Advisor Emeritus of the Atlantic Legal Foundation, Inc., whose Board of Directors includes attorney Stephen T. Whelan of Thacher Proffitt & Wood (husband of anti-smoker Elizabeth Whelan of the American Council on Science and Health), and Frederick Seitz, President Emeritus of the Rockefeller University; while ETS study author Patricia Buffler is a member of its Advisory Council.

Leadership / Atlantic Legal Foundation

It was the ALF which filed the amicus brief in Daubert v. Merrell Dow Pharmaceuticals, the case involving the standards that trial courts should apply with respect to the admissibility of scientific evidence, which in turn led to the creation of the Federal Reference Manual on Scientific Evidence, which carefully enshrines the health fascists' fraudulent exploitation of confounding by infection within a mass of otherwise-reasonable standards. Loevinger was one of the reviewers of the Federal Reference Manual.

Confounding By Infection

FCC Commissioner James J. Wadsworth, Skull & Bones 1927

James Jeremiah Wadsworth was the son of U.S. Sen. James Wolcott Wadsworth Jr., S&B 1898, and Alice Evelyn Hay. He was Special Assistant to the Administrator of the Economic Cooperation Administration [namely Paul G. Hoffman]. (Named Aide to Hoffman. New York Times, Jun. 19, 1948.) He was deputy U.S. representative to the United Nations from 1953-58 during the Eisenhower administration, and became the permanent U.S. representative from 1960 to 1961. He was an F.C.C. Commissioner from 1965 to 1969, and retired from public life in 1970. (James J. Wadsworth Dies At 78; Headed U.S. Delegations to U.N.) By Joseph B. Treaster. New York Times, Mar. 15, 1984.) He hadn't been mentioned in trade publications as a possible nominee to the F.C.C. (Putting Wadsworth On F.C.C. Is a Surprise. By Lawrence Laurent. Washington Post, Times Herald, Mar. 26, 1965.) He married Harty Tilton, daughter of Dr. Benjamin Trowbridge Tilton. Walter S. Hoyt was best man. The ushers were Anson Phelps Stokes Jr., Philip W. Bunnell, Charles Watson 3d, George H. Walker Jr., Lawrence W. Noble, and W.W. Robbins [all S&B 1927], George Crawford 2d, and Wadsworth's brother-in-law, Stuart Symington 3d. (Harty Tilton Bride of J.J. Wadsworth. New York Times, Jun. 17, 1927.) He was an usher at the wedding of John Hay Whitney [his cousin] and Mary Elizabeth Altemus. (Mary Altemus Wed to J. Hay Whitney. New York Times, Sep. 26, 1930.)

James J. Wadsworth bio, Apr. 1, 1965 / UCSF (pdf, 1 p)

CBS General Counsel's letter to the FCC

"... The Commission has now ruled that all broadcasts of cigarette commercials -- no matter what their content -- create a per se duty to broadcast some proportional amount of other material on the hazards of smoking. We wish to place strongly on the record our view that this ruling is inconsistent with the fundamental objectives of the fairness doctrine. We believe it will severely impair -- to the detriment of the public interest -- the exercise of licensee judgment in the selection and presentation of programs dealing with controversial issues of public importance. We also believe that it cannot reasonably be restricted to cigarette advertising alone, and that it involves the Commission in an activity -- regulation of cigarette advertising -- with respect to which Congress had specifically considered and had rejected any new Federal controls.

"The Commission's departure in this case from the commonly understood requirements of the fairness doctrine may have resulted in part from an important departure from the procedures which the Commission normally follows in treating fairness issues. The usual procedure is set forth in the Commission's "Fairness Primer" as follows:

"This procedural policy of the Commission was cited with approval in Red Lion Broadcasting Inc. v. FCC, decided on June 13, 1967. But here the Commission did not afford WCBS-TV an opportunity to comment upon the complaint -- or to take action concerning it -- prior to its disposition of the matter." (Letter from Leon R. Brooks, Vice President and General Counsel of CBS, to Ben F. Waple, Secretary of the FCC, June 23, 1967.) A better description of this affair is that it was a politically corrupt railroading by the anti-smokers.

Brooks to FCC, June 23, 1967 / UCSF (pdf, 12 pp)

"Federal Communications Commission and Cigarettes," chronology, author unknown.

FCC and Cigarettes / UCSF (pdf, 9 pp)
FCC 1998 Annual Report (lists Commissioners) / Federal Communications Commission (pdf)

Banzhaf's Group, Action on Smoking and Health

Note: Contrary to the disinformation of phony smokers' rights groups, openly anti-smoking organizations such as ASH are NOT the instigators of the movement. They are merely slimy opportunists cashing in the scientific fraud of the Lasker Syndicate-controlled US government health establishment, with its systematic suppression of research on the role of infection in chronic disease and deliberate use of confounding to falsely blame smoking and lifestyle.

Where did John F. Banzhaf 3d come from? "RIVIERA BEACH, Fla., April 6 — John F. Banzhaf, who retired as a partner in the coffee brokerage firm of T. Barbour, Brown & Co. in 1955, died yesterday at a nursing home here. He was 79 years old. He is survived by his widow, the former Margerry Gilson; two sons, John F. Jr. of New York and Victor of Chicago; a daughter, Mrs. Frances Gerngross of New York, and six grandchildren." (John F. Banzhaf. New York Times, Apr. 7, 1969.) New York City Fireman 4th grade John F. Banzhaf Jr. was docked for "Neglect of duty" and "Absence without leave," for failing to notify the officer in command that he would be late for work. (Fire Department. New York Times, Dec. 17, 1938.) John F. Banzhaf 3d, a graduate of Massachusetts Institute of Technology in electrical engineering and a second-year law student at Columbia University, obtained copyrights for two computer programs. (Computer Program Copyrighted for First Time. New York Times, May 8, 1964.) John F. Banzhaf III passed the bar examination for the United States District Court for the District of Columbia. (Official Notices. Washington Post, Times Herald Nov. 26, 1965.)

The "Fairness Doctrine" action

"New York City Attorney John F. Banzhaf, reportedly concerned about his mother's smoking habit, asked a New York TV station to make available for presentation of anti-smoking messages free time roughly equal to that devoted to cigarette commercials." (New Danny Thomas Show to be Weekly. By Clay Gowran. Chicago Tribune, Dec. 16, 1966.) "The Federal Communications Commission today ordered all radio and television stations that carry cigarette advertising to broadcast, in addition, spot announcements, programs, and news items telling of the possible perils of cigarette smoking... Exactly how much anti-cigarette materials the stations will be required to broadcast was not detailed in the ruling, which was adopted unanimously by the seven-man commission." Its general counsel, Henry Geller, said it was his "personal opinion" that one-third as much time for anti-smoking propaganda as for cigarette ads would be sufficient, after weighting for the time of day in which they were aired. "The extent to which stations are living up to the fairness doctrine will be decided on a case-by-case basis, presumably when station licenses come up before the commission for renewal, as they do every three years." Banzhaf was described as a lawyer who has begun practicing at 100 Park Avenue since filing his complaint. He claimed that his complaint was "'strictly a personal one' and that he was not acting for any other person in the matter," and also that there was "no particular circumstance such as lung cancer in the family that led him to make the complaint." His "Fairness Doctrine" complaint was filed against WCBS-TV. (Radio-TV Warnings On Smoking Ordered. By Eileen Shanahan. New York Times, Jun. 3, 1967.) Banzhaf filed an appeal in the U.S. Court of Appeals of Washington, D.C. less than 18 hours after the FCC's ruling. Industry appeals were expected to be filed "elsewhere, in a Court of Appeals that has often ruled in favor of business litigants." He demanded equal time, not one-third. (FCC Ruling on Cigarette Ads Appealed. By Morton Mintz. Washington Post, Times Herald, Sep. 10, 1967.) "The whole predicament was caused by a young, obscure, public-minded attorney named John Banzhaf III, who occupies a back office in the Park Avenue law firm of Watson, Leavenworth, Kelton, and Taggart... His own law firm reminded him pointedly that it had a top-paying client by the name of Philip Morris." (Cancer Foes Shy at Equal TV Time. By Jack Anderson. Washington Post, Times Herald, Aug. 16, 1967.) [Anderson expects us to be gullible little children who don't know that Edward Lasker, the stepson of the head of the American Cancer Society, was on the board of directors of PM - a fact which none of those phony exposés has ever addressed. As for Watson, Leavenworth et al.: They were patent attorneys for PM from 1960 to 1981, the same period that Lasker was on their board. Things they patented for PM included ventilated filters and processes for denitration and for puffing tobacco stems.]

Formation of ASH was announced on Mar. 1, 1968. Its address was 777 United Nations Plaza. (Smoking Foes Form Legal Action Unit. New York Times, Mar. 1, 1968.) "Additional sponsors of Action on Smoking and Health (ASH) were reported March 1 by the Los Angeles Times. They are Drs. Emmanuel Farber (U. of Pittsburgh), Louis F. Feiser (Harvard), Franz I. Ingelfinger (New England Medical Journal editor), Roger O. Egeberg (Southern Cal), Louis Lasagna (Hopkins), Joseph L. Melnick (Baylor) and Charles A. Evans (Univ. of Washington); plus Dean Howard R. Sacks of the U. of Conn. law school, President Charles W. Lance of the Citizens National Bank of Hollywood, Fla., and Arthur T. Roth, chairman of Franklin National Bank of New York. Sponsors previously noted on the letterhead of an ASH fund appeal were Drs. Leona Baumgartner (Harvard), Dwight Harken (Harvard), Hollis Ingraham (N.Y. State Health Commissioner), George James (Mt. Sinai Medical School), Walsh McDermott (Cornell), Francis Moore (Harvard), Alton Ochsner (Ochsner Clinic), Richard Overholt (Overholt Thoracic Clinic) and Paul Dudley White of Boston; and former Senator Maurine Neuberger, Harvard law professor Louis L. Jaffee, New York City Councilman Edward I. Koch and public relations man Edward Bernays." (Memo from William Kloepfer Jr., Vice President of Public Relations of the Tobacco Institute, March 13, 1968.) "Businessmen include Charles W. Lance, president of the Citizens National Bank of Hollywood, Fla., and Arthur T. Roth, Chairman of Franklin National Bank of New York. Roth stirred comment a few years ago when he announced he was prohibiting his employes from smoking on the job." Banzhaf said that contributions to ASH totalled $10,000, which would pay the cost of a legal brief being prepared by New York law firm Goldstein, Judd, and Gurfein. He said that he had left his former law firm to work full-time on ASH. (Anti-Smoking Drive Picks Up 30 Key Backers. By Arelo Sederberg. LA Times, Mar 1, 1968.) Leona Baumgartner was a student of Charles-Edward Amory Winslow. George James was also the Scientific Consultant and a Trustee of Ernst L. Wynder's American Health Foundation. Joseph Melnick was an old crony of heart surgeon Michael DeBakey, who was a member of Mary Lasker's inner circle. Edward Bernays was an associate of Mary Lasker since the "Green" campaign of the 1930s.

Kloepfer memo, March 13, 1968 / UCSF (pdf, 3 pp)

Banzhaf filed a complaint with the Federal Trade Commission against the Tobacco Institute and two public relations firms, accusing them of planting pro-smoking articles in True magazine and The National Enquirer, claiming that the articles were written by an employee of Hill & Knowlton, and distributed by Tiderock Corporation. (Smoking Articles Lead to Complaint. New York Times, Mar. 23, 1968.) Banzhaf challenged the license to operate of WNBC-TV in New York for failing to broadcast sufficient anti-smoking propaganda. (WNBC-TV License Opposed in F.C.C. New York Times, Jun. 13, 1968; Anti-Smoking Unit Asks TV Revocation. Washington Post, Times Herald, Aug. 31, 1968.) He petitioned the F.C.C. for fines and reprimands against three Indiana television and radio stations, WFMB, WFMB-FM, and WFMB-TV of Indianapolis - which were owned by Skull & Bones-controlled longtime health fascism activists Time-Life Inc.; and to hold up the license renewal applications of four California stations they also owned, KOGO, KOGO-FM, and KOGO-TV of San Diego, and KERO-TV of Bakersfield. (Anti-Smoking Group Seeks License Curb. New York Times, Nov. 14, 1968), and against KNXT-TV, Los Angeles. (Urges TV Unit Lose License on TV Ads. Chicago Tribune, Nov. 20, 1968.) Chief Judge David L. Bazelon and Judges S. Kelly Wright and Wilbur K. Miller of the U.S. Circuit Court of Appeals upheld the F.C.C. Commission ruling forcing stations to air anti-smoking propaganda. (Court Upholds F.C.C. on Anti-Smoking Ads. New York Times, Nov. 22, 1968.)

Banzhaf petitioned the Federal Trade Commission to issue a cease-and-desist order against cigarette advertisers, demanding that they be forbidden from quoting an article in Fortune magazine about tobacco industry research in Switzerland on charcoal filters. It was being cited in ads by the American Tobacco Company for Tareyton and Liggett & Myers for Lark cigarettes. (Advertising: Hiring Woes of Junior Types. By Philip H. Dougherty. New York Times, Jan. 17, 1969.) Mary Jane Gilday of Argus Research claimed that earnings per share would have been higher by 72% for Liggett & Myers, 42% for Philip Morris, 27% for American Tobacco, and 19% for Reynolds if they hadn't advertised on TV in 1967. She claimed on this basis that an ad ban would be a good thing for the companies, notwithstanding that they could decline to advertise voluntarily until real fairness was returned. (Cigaret, Broadcasting Groups Denounce Ban. By Robert E. Dallos. Los Angeles Times, Feb. 6, 1969.) Banzhaf boasted that ASH's first-year operating budget was $50,000. That's not counting the behind-the-scenes help from the Lasker Lobby, of course. He claimed that the F.C.C. could still compel anti-smoking ads even without the so-called Fairness Doctrine, because the court upheld it on the basis of the "public interest" rather than on its legal basis. (Cigaret Commercial Ban Won't Halt Fight, Says Smoking Foe. By Arelo Sederberg. LA Times, Feb. 18, 1969.) The F.C.C. reproved NBC and Metromedia Inc., owners of WNBC-TV and WNEW-TV respectively, and ordered them "to make a 'greater effort' to present 'anti' messages in 'prime time,' to submit a statement of future policies within 60 days and to submit an implementation report within four months." "Voting for denials of the challenges were Chairman Rosel H. Hyde and Commissioners Robert T. Bartley, Kenneth A. Cox, H. Rex Lee and Robert E. Lee. Commissioner James J. Wadsworth dissented without opinion and Commissioner Nicholas Johnson with bitter ones." (FCC Reproves 2 TV Stations on Handling of Anti-Smoking Ads. Washington Post, Times Herald, Mar. 27, 1969.) Banzhaf assigned a half hour of WNBC-TV's time to the American Cancer Society. They were the guests of station meteorologist Frank Field. "The tobacco industry was not represented for purposes of refutation; WNBC-TV in effect acknowledged on its own responsibility that the dangers of cigarette smoking were not debatable." Dr. E. Cuyler Hammond, a vice president of the ACS, "cited succinctly and directly statistics showing how cigarette shortens lives through lung cancer [in which the ACS has suppressed research on infection for 70 years], emphysema [American Lung Association, ditto], heart disease [American Heart Association, ditto], gastric ulcers [now known to be a lie because they ignored H. pylori infection], strokes [the AHA again] and cancer of the bladder [where we still await heavy-duty research on infection]. Included in the program were slices of lungs perforated from the effects of smoking, that had caused early deaths." [A favorite anti-smoker lie is to soak pig lungs salvaged from meatpackers in laboratory chemicals, and then tell children that they're smokers' lungs and tobacco did that to them.] "Nicholas Johnson, a member of the F.C.C., in an appearance last week on a Washington TV station, estimated that upward of $50-million to $100-million worth of free time was now being made available to anti-forces." (TV: Hazards of Smoking. By Jack Gould. New York Times, Feb. 24, 1969.) Banzhaf petitioned the F.C.C. to revoke the licenses of stations WLW-I in Indianapolis, WSBA in New York, KMSP in Wayzata, Minn., WCCO in Minneapolis, KPIX in San Francisco, and KPTU, KGW, KOIN, and KATU, all in Portland, Ore. (Antismoking Organization Challenges 9 TV Licenses. New York Times, Apr. 3, 1969.) FTC Chairman Paul Rand Dixon and Commissioner Philip Elman had a spat over whether to hold hearings immediately or wait until after Congress decided on a bill which which would continue the expired prohibition of action by federal regulatory agencies against cigarettes. Banzhaf claimed that there were only two part-time employees at the FTC to handle the work, which Elman disputed. (FTC Members Battle Over Cigarette Ads. Chicago Tribune, Jul. 3, 1969.) H. Thomas Austern, counsel for the Tobacco Institute, merely sniveled that "Anyone who is not deaf or dumb cannot now be unaware of the hazards," and that therefore no health warning should be required on cigarettes. (Tobacco Aide Minimizes Warnings. By Jean M. White. Washington Post, Times Herald, Jul. 3, 1969.) Banzhaf filed a petition with the F.C.C. demanding revocation of all the stations owned and operated by the American Broadcasting Corporation, after Chairman Leonard Goldenson sent a letter to anti-smoker Sen. Frank Moss, D-Utah, refusing to end cigarette commercials by Dec. 31. (Smoking Foes Urge A.B.C. Revocations. New York Times, Aug. 9, 1969.) [Goldenson was a longtime friend of Mary W. Lasker.] The U.S. Justice Department settled a suit accusing major automakers of conspiring to obstruct the development of anti-smog devices for cars, after the defandants promised to make their patent licenses royalty-free. Banzhaf demanded that they be brought to trial, and claimed that two government investigators had worked two years, using subpoena power, to gather the evidence. (U.S. Settles Suit On Smog Devices. New York Times, Sep. 12, 1969.) The Supreme Court denied a petition for review of the Fairness Doctrine by the Tobacco Institute and eight member companies, the National Association of Broadcasters, WCBS-TV, NBC and ABC. (Justices Refuse to Review Appeal in Antismoking Case. New York Times, Oct. 14, 1969.) Banzhaf spawned a horde of arrogant little phony student activist groups who made a big show of "protecting" the public from such hyped-up menaces as Campbell soup using marbles to make soup solids visible at the surface, as well as anti-smoking groups such as LASH and GASP. (Heated Over Soup. By Elizabeth Shelton. Washington Post, Times Herald, Dec. 27, 1969.) [Note that the chairman of Campbell's Soup was a crony of Devereux Josephs on the board of directors of the Morgan Guaranty Trust!]

Another Banzhaf group attacked candymakers for making candy that looked like cigarettes. Jack Anderson fawningly referred to Banzhaf as an "underdog." (Food Stamps for the Poor Enrich Thieves. By Jack Anderson. Washington Post, Times Herald Jan. 24, 1970.) Banzhaf, Ralph Nader, and Bess Myerson Grant were behind a bill that would permit consumers to join as a class to sue companies for fraud and deception [while presumably leaving organizations such as the ACS, AHA and ALA to victimize them with impunity]. ('Class Action' Bill: Its Rise and Fall. By Ronald Kessler. Washington Post, Times Herald, Apr. 27, 1970.) After Congress passed the ban on broadcast cigarette ads, the Federal Communications Commission ruled that the Fairness Doctrine did not require broadcasters to air pro-smoking ads to balance anti-smoking propaganda. The FCC rejected Banzhaf's demand that anti-smoking propaganda be made compulsory, but all three major networks said that they intended to continue anti-smoking propaganda as a supposed "public service." (Pro-Smoking Ad Request Rejected in FCC Decision. By Robert J. Samuelson. Washington Post, Times Herald, Dec. 16, 1970.)

A media toady gushed "[W]as the forcing of cigarette commercials off the air a signal that the voice of the consumer, battling back, can now really make itself heard in Washington? Yes, most observers hold, the ban on cigarette commercials was a freak. On this rare occasion, the consumer pressure was too much for the F.C.C., the broadcast industry and Congress to bear." (Now That TV Has Given Up Smoking. By Fred Ferretti. New York Times, Jan. 3, 1971.) Another despicable media toady prattled that, "The complaints of viewers, if applied in the right place, have an impact on the industry, either economically or in bringing about changes in program concept and content. For instance: One man, John F. Banzhaf III, became annoyed at cigaret commercials and mailed off a three-page letter of protest to the Federal Communications Commission. Result: A ban on cigaret ads." (What Viewers Can Do When They Get Angry. By Jerry Buck. Chicago Tribune, Jul. 6, 1971.) [The consumers of this media swill are expected to be too stupid to make the connection between the ad bans and the powerful Lasker Lobby that was muscling the National Cancer Act of 1971 through Congress.]

In 1972, a chorus of media shills began attacking secondhand smoke and heralding Banzhaf as their savior. (Secondhand Smoke: A New Fight For Rights. By Dorothy Townsend. LA Times, Mar. 3, 1972; Nonsmokers: Right to Breathe. By Lucia Mouat. Washington Post, Times Herald, Nov. 26, 1972.) Banzhaf also attacked RJ Reynolds' "Winchester" little cigars. (A TV Cigar That Smells Like Cigarettes. By Robert P. Hey. Chicago Tribune, Mar. 7, 1972; Small Cigars Called Hazard. By Victor Cohn. Washington Post, Times Herald, Dec. 16, 1972; Advertising: Winchester Recoil. By Philip H. Dougherty. New York Times, Jan. 10, 1973.) In 1974, the Interstate Commerce Commission limited smoking to 20 percent of seats in the rear of interstate buses. The National Association of Motor Bus owners petitioned for 50 percent. Ralph Nader had attempted to stamp out smoking on Greyhound, Trailways, and other lines in 1971, but the ICC decided that Nader had "failed to adequately demonstrate the deleterious effects of second-hand smoke upon the health of motor bus passengers." (ICC Halts Smoking Except in Back of Bus. By Michael F. Conlan. Washington Post, Apr. 22, 1974.)

Trustees of ASH, estimated date 1975.

ASH, 1975 / UCSF (pdf, 9 pp)

Banzhaf and former Surgeons General Luther Terry and Jesse Steinfeld filed petitions demanding that the Food and Drug Administration demanding that the agency assert jurisdiction over cigarettes on the ground that tobacco is under their jurisdiction simply because it contains drugs. FDA spokesman Wayne Pines said: "Tobacco is not within our jurisdiction. This is supported by legislative history and several court cases," and "Congress never intended FDA or any other regulatory agency to regulate cigarettes." "Banzhaf threatened that his organization would take the issue to federal courts if it didn't act. (FDA Urged to Treat Cigarettes As Drugs. LA Times, May 27, 1977.) Banzhaf filed "1 41-page petition backed by 15 pages of scientific exhibits, and claimed it had been amply demonstrated that cigarettes are addictive. Dr. Harvey Ammerman, president of the D.C. Medical Society, said that the Society "strongly endorses" ASH's position. (Clamp on Cigarettes Asked By Former Surgeon General. By Victor Cohn. Washington Post, May 27, 1977.)

John Banzhaf's letter to the Federal Trade Commission, Sep. 20, 1977. Founding Trustees were Donald T. Fredrickson, Project Director, Inter-Society Committee for Heart Disease Resources, NYC; Martin Adam Jacobs, District Manager for University Computing Co., NYC; and Charles F. Tate, Professor of Medicine at the University of Miami School of Medicine. Founding Sponsors were Leona Baumgartner, Visiting Professor at Harvard Medical School; Edward Bernays, Counsel on Public Relations; Dwight Emery Harken, Clinical Professor of Surgery at Harvard Medical School; Hollis S. Ingraham, New York State Commissioner of Health; Louis L. Jaffe, Harvard Law School; George James, Dean of the Mt. Sinai School of Medicine; US Congressman Edward I. Koch; Walsh McDermott, Professor of Public Health at Cornell Medical School; Francis D. Moore, Professor of Surgery at Harvard Medical School; former US Senator Maurine Neuberger; Alton Ochsner; Richard Overholt; and Paul Dudley White.

Banzhaf to FTC, 1977 / UCSF (pdf, 2 pp)

The Civil Aeronautics Board opened two days of hearings on banning smoking on flights of two hours or less. The Airline Transport Assoxiation favored accommodation of both smokers and nonsmokers. (CAB Opens Hearings on Move to Forbid Smoking on Short Flights. By Steve Farnsworth. LA Times, Feb. 15, 1984.) The proposal was unanimously rejected. They also officially banned cigar and pipe smoking on all commercial flights, although most airlines already did so voluntarily. (CAB Dismisses Plan to Ban Smoking on Short Flights. By Peggy Pagano. LA Times, Mar. 20, 1984.) The CAB changed its mind and voted to ban smoking on flights of less than two hours, then changed its mind again and went back to its original decision of March. (CAB Ban on Smoking Ends in Two Hours. By David Treadwell. LA Times, Jun. 1, 1984.) In 1985, Banzhaf and other anti-smoker lawyers from across the country gathered in a session of the American Trial Lawyers Association. (Anti-Smoking Lawyers Meet in Chicago. By Morton Mintz. Washington Post, Aug. 3, 1985.) ASH sponsored the First World Conference on Nonsmokers' Rights in Washington, D.C., which drew about 200 persons. A notable participant was Robert A. Rosner, executive director of the Institute for Occupational Smoking Policy in Seattle. (Nonsmoking Business Can Mean Money In Bank. By Marcia Slacum Greene. Washington Post, Oct. 6, 1985.) Later named the Smoking Policy Institute, the firm was handed an illegal pass-through contract by the Environmental Protection Agency to write the policy guide which preceded the EPA report on secondhand smoke. (Rep. Thomas Bliley's testimony to the House Committee on Energy and Commerce, Health and Environment Subcommittee, July 21, 1993.)

Dr. and Mrs. Alexander D. Langmuir [alias Leona Baumgartner] made a special contribution to furnish the new offices of Action on Smoking and Health in 1980. (ASH Newsletter, 1980 Nov-Dec.)

ASH Newsletter, 1980 Nov-Dec. / UCSF (pdf, 27 pp)

ASH, "Smoking and Health Review," May 1985. Trustees were Banzhaf; former South Dakota state senator Oscar S. Austad; Mrs. H.E. (Betty) Carnes, of Scottsdale, Ariz.; Martin Adam Jacobs, Advanced Computer Techniques Corp., New York; game creator Prince Joli Kansil of Honolulu; and Charles F. Tate, of the University of Miami School of Medicine.

Smoking and Health Review, May 1985 / UCSF (pdf, 16 pp)

The media were so intent on providing a showcase for anti-smoking propaganda that they didn't consider it necessary to inform the public of such basic information as in what forum "National health and antismoking organizations yesterday urged Congress to ban smoking on all domestic commercial flights." (Groups Urge Smoking Ban for U.S. Flights, Say Tobacco Institute Misrepresented Report. By Alexander Alemdar, Washington Post Staff Writer. Washington Post, Aug. 20, 1986.)

John F. Banzhaf III was executive director of ASH. Trustees were Oscar Austad, Charles F. Tate, Betty Carnes, Martin Jacobs, Prince Joli Kansil, and Alfreda Winnings. (Profile of ASH. In: Profiles of Prominent Anti-Tobacco Organizations. By Herbert E. Osman, Staff Vice President Public Policy, RJR).

ASH Profile, 1990 [p. 11] / UCSF (pdf, 57 pp)

ASH was part of the coordinated propaganda blitzkrieg in June 1991 that accompanied Stanton A. Glantz's fraudulent claims of 53,000 heart disease deaths caused by passive smoking. Robert Axelrad, director of the Indoor Air Division of the EPA, in a cover letter releasing the May 1991 "compendium of technical perspectives" to ASH, specifically told them "to take note of the admonition on the draft that it should not be cited or quoted and that it is not intended to represent Agency views. It is being transmitted to EPA's Science Advisory Board (SAB) with a request that they conduct an appropriate review."

Axelrad also said: "As you know, this document has been the subject of considerable confusion as a result of the fact that it has been written solely by individual authors with the expectation that it would represent only the opinions and views of the individuals who participated. It was never intended to be representative of EPA policies and views, or those of the other participating organizations, but simply to compile information on the state of knowledge in several areas of scientific interest on the issue of environmental tobacco smoke (ETS). In particular, it is important to note that the chapter reviewing the literature on hearts disease written by Stan Glantz and William Parmley, a variation of which was published in January 1991 in Circulation, the journal of the American Heart Association, contains material not endorsed by EPA. EPA has not undertaken its own review of the heart disease literature nor that of the literature relating ETS to cancer at sites other than the lung." (Robert Axelrad to John F. Banzhaf, date stamped June 12, 1991.)

Axelrad to Banzhaf, June 1991 / UCSF (pdf, 80 pp)

Banzhaf testified at Healthy People 2000: Citizens Chart the Course, Chapter 10, Tobacco (Institute of Medicine, 1990): "Action by health insurers to offer differential rates according to John Banzhaf of Action on Smoking and Health."

Healthy People 2000, 1990 / National Academy Press

May 9, 1991, Action on Smoking and Health filed a lawsuit against the US Department of Labor, Occupational Safety and Health Administration, et al., demanding "an emergency temporary standard to regulate tobacco smoke in the workplace," or "...any other remedy which would alleviate this rather serious condition" [sic]. And, dripping with unctuous smarm: "We know that the respondents are well-meaning and conscientious public servants, but they operate in quite a different context from Ash. They are very much more isolated from the public feeling, and they don't have the people who come to Ash, the young parents, the families who have just been told they have cancer of the lung [who in fact are statistical zeros unless it is a metastasis! -cast] or beautiful young women, flight attendants who have emphysema, the smokers' disease [sic], who have never smoked in their lives." This, from the slimy, fetid mouths of poisonous vipers, who have been perfectly content with the way their mentors have suppressed research on the role of infection in these diseases for decades, and whose only genuine motive could only be the utmost of petty, self-centered meanness.

ASH v. US Dept. of Labor, 1991 / UCSF (pdf, 21 pp)

ASH testimony to rhe US Department of Labor, Occupational Safety and Health Administration, re 29 CFR Part 1910, Occupational Exposure to Indoor Air Pollutants, Docket No. H-122, Jan. 21, 1992. Athena Mueller, General Counsel.

ASH testimony to OSHA, Jan. 21, 1992 / UCSF (pdf, 130 pp)

Status Report of Action on Smoking and Health (ASH) on Relevant Ongoing and Proposed Administrative Proceedings, Jan. 29, 1992.

ASH Status Report, 1992 / UCSF (pdf, 4 pp)

July 12, 1993, ASH filed a public petition to OSHA, again demanding an "emergency temporary standard relating to Environmental Tobacco Smoke," and pretending that "Evidence of Grave Danger Has Grown Substantially."

ASH petition to OSHA, 1993 / UCSF (pdf, 37 pp)

The lying Nazi Banzhaf has gone on to persecute the obese.

Workplace Health Fascism

Walsh McDermott

ASH Trustee Walsh McDermott, the Livingston Farrand Professor of Public Health at Cornell University, was Chairman of the Board on Medicine of the National Academy of Science, whose personnel served as the nucleus of the Institute of Medicine when it was created in 1970. (NAS to Create Medicine Institute. Medical Tribune, July 6, 1970.)

Medical Tribune, 1970 / UCSF (pdf, 1 p)

More on the Channel 13 Gang

WNTA-TV was sold for $6,200,000 to a group who planned to operate it as New York City's first noncommercial educational station. ABC, NBC and CBS each contributed $500,000, WOR-TV and WNEW-TV $250,000 each, and the rest was funded by the Ford Foundation, Carnegie Foundation, Rockefeller Brothers Fund, the James Foundation, the New York Foundation and others. John D. Rockefeller 3d "play[ed] a prominent role, also Dr. George D. Stoddard, chancellor of New York University, and Arthur A. Houghton Jr., president of Steuben Glass. (Education Group to Get WNTA-TV. By Jack Gould. New York Times, June 30, 1961.)

It was renamed WNDT (Channel 13). Thirteen new trustees of the Educational Broadcasting Corporation were James E. Allen, State Commissioner of Education; Walker G. Buckner of Buckner & Co.; John M. Budinger, senior vice president and director of the Bankers Trust Co.; Henry Brunie, president of the Empire Trust Co.; Joseph F. Cullman 3d, president of Philip Morris; Robert W. Dowling, president of the City Investing Co.; H.C. Forbes, chairman of Consolidated Edison; Robert B. Meyner; Frederick N. Raubinger, New Jersey Commissioner of Education; John D. Rockefeller 3d; William Sanders, Connecticut Commissioner of Education; Lawrence A. Wien, president of Wien, Lane & Klein; and David L. Yunich, president of Bamberger's of New Jersey. Continuing directors were Howard C. Shepard, chairman; Dr. Samuel B. Gould; Arthur A. Houghton Jr., Devereux C. Josephs, and Dr. George D. Stoddard. (13 New Trustees on WNDT's Board. New York Times, May 21, 1962.)

Samuel B. Gould was installed as President of ETMA from 1962-64; circa 1971 he was a Trustee of the Salk Institute, whose Chairman of the Board, John J. McCloy, was former Chairman of the Ford Foundation; and whose President, Joseph Elliott Slater, was the former Director of the International Affairs Program of the Ford Foundation, as well as McCloy's old crony from the Allied Commission for Germany. All three were trustees of the Salk Institute ca. 1971.

The Ford Foundation provided a transfusion of at least $200,000 to keep WNDT operating. FCC Chairman E. William Henry was "particularly anxious that Channel 13's service should not be interrupted because of financial difficulties." (Ford Foundation Helps Channel 13. New York Times, Jan. 28, 1965.) "The Ford Foundation donated $2 million toward buying WNDT for educational purposes in 1962. It later gave $3.094 million for operating during two years. The new grant raises its contribution to $5.594 million." (Aid Called Vital in Educational TV. New York Times, Jan. 29, 1965.) Frank Stanton of CBS donated $100,000. (Channel 13 Given $100,000 by C.B.S. New York Times, Jun. 11, 1965.)

"[T]he Ford Foundation disclosed that it would supply more than half of the merged company's $16-million budget for 1971, including $2 million earmarked for local programming; and in addition would make an immediate grant of $3.5 million for the planning and development of a Television Broadcasting Center here to house the facilities of the new corporation. Further, Ford indicated that it would in effect insure the operational solvency of the new corporation, which will produce network programs and operate Channel 13, by guaranteeing funds to it for three to five years." Ethan Allen Hitchcock, partner of Webster, Sheffield, Fleischmann, Hitchcock, & Brookfield, was the chairman of WNDT/WNET, and James Day president. McGeorge Bundy (S&B 1940) was president of the Ford Foundation, anti-smoker Fred W. Friendly was the fund's television advisor, and John W. Macy Jr. president of the Corporation. (N.E.T. and Channel 13 Merge; Ford Funds to Insure Solvency. By Fred Ferretti. New York Times, Jun 30, 1970.)

Life Trustees of WNET/13 include or included Joan Ganz Cooney, a founder of Children's Television Workshop who joined WNET in 1962, and former CBS president Frank Stanton. Regular trustees include Meredith Brokaw, the wife of NBC News propagandist Tom Brokaw; former CBS News propagandist Walter Cronkite; former American Health Foundation trustee D. Ronald Daniel; Michael I. Sovern, the former president of Columbia University who established Joseph Califano's CASA at Columbia; Josh S. Weston, former Chairman of the Board of anti-smoker Frank Lautenberg's ADP; and Earl G. Graves Jr., Skull & Bones 1984, the son of former Liggett & Myers director Earl G. Graves.

Officers and Trustees / Thirteen/WNET
2001-02 Annual Report / Thirteen/WNET
2002-03 Annual Report / Thirteen/WNET
2003-04 Annual Report / Thirteen/WNET

The Bristol-Myers Company gave WNET/13 a $675,000 grant to produce "The Killers," a series of 90-minute documentaries on cancer, heart disease, genetic defects, pulmonary disease and trauma. "In the past, Bristol-Myers has supported public television by providing $600,000 in 1966-1967 for 'Sunday Showcase,' a national series, and, last summer, providing $30,000 to make possible the scheduling of 'Sesame Street' and 'The Electric Company' over WNET/13. Bristol-Myers has recently produced two health specials over commercial television networks, 'Life, Health, and the American Woman,' and 'How to Stay Alive,' concerning heart disease in men. A third special, covering mental health, will be aired during the fall." Richard L. Gelb was president of Bristol-Myers and John Jay Iselin was president of WNET/13. (Bristol-Myers Underwriting Public Television Science Series, May 11, 1973 press release.)

Bristol-Myers 1973 grant to WNET/13 / UCSF (pdf, 2 pp)


cast 09-15-14