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posted by n1 on Monday July 13 2015, @09:13AM   Printer-friendly
from the smoking-gun-found-next-to-skeleton-in-closet dept.

PandoDaily's Mark Ames has published a paywalled article [archive] entitled "Shillers for killers: Revealed: How the tobacco industry paid journalists, scientists, activists and lawyers to cover up the most deadly crime in human history." The article draws upon a new round of documents that was recently added to the University of California San Francisco's Legacy Tobacco Documents Library. The library contains 14 million documents and is growing, as noted on the Library's blog. Some bits are more relevant to our community.

In 1994, marketing director at the RJ Reynolds tobacco company wrote to the Electronic Frontier Foundation (EFF) to discuss topics related to protecting tobacco advertising on the Internet. Later that year, EFF's executive director sent a proposal to RJ Reynolds's direct marketing manager, Peter Michaelson, soliciting money to fund an EFF project that would oppose government regulations on commercial tobacco advertising on the Web. An alternative plan is suggested:

"We are also prepared to pursue a legal test of this alternative approach to regulation. For example, if MARC [RJR's direct marketers] or RJR decided to put one or another sponsored on-line service up on the Internet or via America-on-Line or other on-line service, the white paper could become the basis of a legal brief challenging the constitutionality of any governmental effort to block the programming on the basis of current advertising bans in electronic media... We have not budgeted for this alternative at this point."

Years before Glenn Greenwald teamed up with Laura Poitras and whistleblower Edward Snowden to expose the NSA, he worked as a lawyer for Wachtell Lipton, a law firm that sued ABC-TV for $10 billion and helped to gag smoking industry whistleblowers. This had a chilling effect on CBS, which prevented the airing of a 60 Minutes program covering Merrell Williams and Jeffrey Wigand until the next year. These events were covered by the 1996 Frontline documentary "Smoke In The Eye" [Internet Archive] and Wigand's story inspired the 1999 film, The Insider.

It's reasonable to assume Greenwald—ever the diligent researcher—must have joined Wachtell fully aware that they were helping gag whistleblowers and threatening journalists: Greenwald says that he chose to work for Wachtell in 1994 after being recruited by over a dozen top law firms. But of course that doesn't necessarily mean he worked on the specific Philip Morris case. Except that a billing ledger discovered in the tobacco library shows Greenwald's name in a Wachtell Lipton bill to Philip Morris... Other Wachtell Lipton memos show Greenwald's name prominently displayed on the letterhead in aggressive, threatening letters against ABC-TV, against whistleblower Jeffrey Wigand, and against whistleblower Merrell Williams...

[...] Again, in the two decades since, whistleblower champion Glenn Greenwald has never said a single word about this case or about the role his law firm played in crushing TV investigative journalism. As far as our research can tell, Greenwald has never taken a position on tobacco laws or spoken about the horrific death toll smoking is taking.


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  • (Score: 4, Interesting) by tripstah on Monday July 13 2015, @07:30PM

    by tripstah (4913) on Monday July 13 2015, @07:30PM (#208612) Homepage
    I spent the last 6-years of my life battling the tobacco industry as an attorney litigating the Engle [wikipedia.org] suits in Florida; including all the way up to SCOTUS a few times. It would take a book to explain how twisted and horrific these companies really are. Their depraviltiy really knows no bounds. Take a look at the legacy document system linked in the article and run a few searches. One of my favorites is Project Sunrise / Blade Runner or anything written by Claude Teague. His 1953 discussion on the development of color changing filters to make the illusion of filtration is simply amazing (link [ucsf.edu]).

    As for the EFF, I can tell you that I've litigated on behalf of a few open source projects (pro bono of course) and on at least 3 occasions I've gone up against attorneys that sat as members of the EFF's "board of advisors" who were fighting against open source. After the second time, I stopped donating and strongly suggest everyone else does too. That's not something I say lightly.

    Having dealt with both entities for a number of years at this point, I'm, sadly, not surprised by this article.

    --trip
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  • (Score: 0) by Anonymous Coward on Monday July 13 2015, @10:10PM

    by Anonymous Coward on Monday July 13 2015, @10:10PM (#208669)

    Blaming tobacco companies for pursuing commercial advantages? If the filter isn't effective in reducing tar, that's a matter for the government to enforce.

    Knowing several more people that suffered from the bad effects of alcohol, rather than cigarettes, how come that industry is (currently) getting a pass? Advertising restrictions have actually been lifted there.

    I am expecting to pretty soon hear of the *evil* *evil* soft drink executives attracting children to their poisonous brews with bright colors and ads of people having fun.

  • (Score: 3, Insightful) by moondrake on Tuesday July 14 2015, @08:42AM

    by moondrake (2658) on Tuesday July 14 2015, @08:42AM (#208793)

    Can you provide any evidence for the statements Re:EFF?

    In addition, advisory board members do not have to be aligned with the foundation as long as their advice is useful (though I agree that the EFF should try to select decent people).