BROWN & WILLIAMSON TOBACCO CORP. V. JACOBSON
713 F.2d 262 (7th Cir. 1983)
NATURE OF THE CASE: Williamson (P) sought review of the judgment, which dismissed its
libel action against Brown (Ds), reporter and broadcaster, as violative of U.S. Const.
Amend. I. P argued that Ds' report was libel per se, interfered with business relationships,
and disparaged its product.
FACTS: Brown & Williamson (P) sued Jacobson (D) for airing a news story on his show about
how the cigarette companies are going to the New York slicksters on Madison Avenue with a
billion dollars per year for bigger and better ways to sell cigarettes by appealing to
younger audiences and the free and easy hedonistic life-style approach of linkage to
cigarette smoking. D then proceeded to quote information obtained regarding advice P was
given to present smoking as an illicit pleasure falling into the same category as beer, wine
sharing or wearing or not wearing a bra and not communicating health or health related
points about smoking. In 1975, an advertising agency had advised P to target their marketing
for 'the young smoker.' P rejected the 'illicit pleasure strategy' proposed in the report,
and fired the agency primarily because of displeasure with the proposed strategy. The
Federal Trade Commission conducted an investigation of cigarette advertising, and in May
1981 it published a report of its staff on the investigation. The report discusses the
original report that P rejected from its agency but stated that 'B&W adopted many of the
ideas contained in this report in the development of a Viceroy advertising campaign.' Ds
broadcast their expose of the FTC report but did talk to P and found out that P had rejected
the original agency report. In their expose, D claimed that P were liars. D moved for a
summary judgment and the trial court granted it. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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