Lorillard
Fields
- Author
- Jankowski, G.F.
- Area
- LEGAL DEPT FILE ROOM
- Type
- LETT, LETTER
- Alias
- 03745551/03745552
- Recipient
- Califano, J.A., J.R.
- Recipient (Organization)
- Hew, Dept of Health Education and Welfare
- Document File
- 03745448/03745915/Hew's Anti Smoking Campaign Vol 2 790524.
- Date Loaded
- 12 Feb 1999
- Named Organization
- Cbs
- Federal Communications Commission
- Ftc, Federal Trade Commission
- Natl Inter-Agency on Smoking + Heal
- Federal Communications Commission
- Litigation
- Stmn/Produced
- Author (Organization)
- Cbs
- Characteristic
- EXTR, EXTRA
- Master ID
- 03745010/5826
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- Site
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- UCSF Legacy ID
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Dear Er'., Secretary: February 17, 1978
I have read your letter of January 14 and your speech at the
Fational Inter-agency Council on Smoking and Health with interest
and with some surprise.
Some years agoy when special legislation banned cigarette advertising
from broadcasting while permitting it in all other communications
cedi'a, it was argued that this would reduce tobacco eonsuw.ption.
This discriminatory approach has obviously failed. Your recent
speech, while characterizing cigarette smoking as "Bublic Enemy
19umber One in the United States," does not suggest that other media
be prohibited from accepting such advertising voluntarily. Indeed,
neither your letter nor your speech includes any request to the
print media to do any counter-advertising. Thus, it appears that
the government has concluded that the one medium legally prohibited
from advertising cigarettes should also be the only one arguing
against smoking -- and that the government should attempt to dictate
vhich public service announcements deserve priority on the air. In
qour speech you say that, in cooperation with the Federal Trade
Cozaissiony, you "will petition the Federal Communications Comvission
to review its policies on public service announcements, so that morC,such announcements will be
aired throughout the entire broadcast ds~"
This, it seems to me, is an espousal of the principle that the ~
government can and should tell broadcasters what to broadcast. ~
You seek to mandate top priority for anti-smoking commercials. WhatD
is to stop another agency of government from deciding that public -~
service messages relating to its particular area of concern deserve l
the same or even higher priority? What is to keep the goverrment _
from preempting virtually all public service time that now goes to ~
volnntary groups for literally hundreds of other valuable voluntary
endeavors? The independence of free broadcasting from government-
nandated messages is a vital freedom not merely for broadcasters but
for the informed American public.
:

As you know, CBS is currently carrying anti-smoking messages on
both radio and television. Such messages, along with public seri~ ~
announeements we broadcast for many other vital public causes, ~4 .
account year after year for many millions of dollars worth of air a
time. We cannot, however, acquiesce to any agency of government
taking upon itself the dictation of broadcast content or priority,~ i t
. Joseph~ ~A'.al3fano, Jr.
S#cretary, partment of Health,
Education, and Welfare
330 Independence Avenue S.W.
Washington, D.C. 20201 °
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