Cigarette Ads
Are Illegal
in Michigan

Recommended for Reading First As Background
Cigarette Chemicals Danger Known - 1889 Danger Known - 1914
Danger Known - 1925 International Law Medical Statistics
Michigan Law Unlawfulness of Tobacco Deaths Word Definitions

Outline of Subjects Covered Here
 1. The Paladin Press Case
 2. Advertising Illegal Activities Is Illegal
 3. Pushers' Intent to Murder
 4. Confederates Saw Tobacco's Killer Potential
 5. Adding Coumarin to Cigarettes
 6. The False Claim of "Choice"
 7. Michigan Reaction - A Cigarette Ad Ban
 8. Confederate Tobacco Pushers' Reaction To Exposure
 9. Michigan's Further Reaction
10. Recommendations
11. The Nuremberg Precedent

1. The Paladin Press Case

           Pursuant to U.S. law, when writings, books, newspaper ads, commercials, etc., aid and abet murder, the publishers and advertisers are liable, as nothing in freedom of the press allows aiding and abetting murder, see Paladin Enterprises, Inc v Rice, 128 F3d 233 (CA 4, 1997) cert den 523 US 1074; 118 S Ct 1515; 140 L Ed 2d 668 (1998). Here is how this data applies to cigarettes.

2. Advertising Illegal Activities Is Illegal

           Pursuant to Michigan law, MCL § 750.337, MSA § 28.569, certain offensive language is illegal. To convict, it is not necessary to show that anyone was defrauded or harmed, simply that the prohibited language was used.

           Pursuant to Michigan law, MCL § 750.38, MSA § 28.227, advertising illegal activities is illegal. That is logical. For example, cocaine is illegal to sell, thus the sellers cannot advertise!! A banned product cannot be advertised. This concept bans all cigarette ads in Michigan. Here is some background. How so? Aren't cigarettes legal? No, that's a myth. Here's why.

           Cigarettes are illegal in Michigan pursuant to laws such as MCL § 750.27, MSA § 28.216. That law bans cigarettes with deleterious ingredients.

           It is illegal to kill people via fires resultant from cigarettes. Example: In a death case of two firemen killed due to discarded cigarettes, a court upheld criminal charges as a "toxic substance" [such as tobacco] "is the prototype of forces" or substances "which the ordinary man knows must be used with special caution because of the potential for wide devastation [universal malice]," Commonwealth v Hughes, 468 Pa 502; 364 A2d 306, 311 (1976).

           Also, it is illegal to poison people with toxic chemicals. See precedents such as

Cigarettes contain toxic chemicals.

           Case law such as State v Fransua, 85 NM 173; 510 P2d 106; 58 ALR3d 656 (1973), shows that victim consent is not a defense. Regardless, no data is provided to anyone, much less, to children too young, to render informed consent. Cigarettes' poisonous emissions kill babies (examples: SIDS, miscarriage, abortion) and nonsmokers via, e.g., lung cancer and heart disease. Those victims do not consent.

           Wherefore, banning cigarette advertising due to its aiding and abetting children with respect to the violation of cigarette sales laws has already been upheld. See, e.g.,

Anheuser-Busch v Mayor and City Council, 855 F Supp 811 (D Md, 1994), aff'd 63 F3d 1305 (CA 4), remanded 517 US 1206; 116 S Ct 1821; 134 L Ed 2d 927, aff'd 101 F3d 325 (CA 4, 1996)

Penn Advertising v Mayor & City Council of Baltimore, 862 F Supp 1401 (D Md, 1994), aff'd 63 F3d 1318 (CA 4, 31 Dec 1995), remanded 518 US 1030; 116 S Ct 2575; 135 L Ed 2d 1090 (1996), aff'd 101 F3d 332 (CA 4, 1996).

In fact, banning tobacco advertising was upheld by the U.S. Supreme Court as long ago as the cases of

"Cigarette Makers Get Away With Murder," says Elizabeth M. Whelan, Sc.D., The Detroit News, p 4B (14 Mar 1993). Wherefore, in the American Journal of Public Health, Vol 87, pp 869-870 (May 1997), this web writer cites using established criminal law against poisoning people, to prosecute tobacco pushers for what must be deemed murder pursuant to standard case law.

           In "Are You Missing $omething," 26 Smoke Signals 4 (October 1980), this writer cited cigarette costs to society, refuting the then notion that cigarettes are a cost plus to society, thus helping to set the stage for the subsequent Attorney General litigation. Deaths pose a cost, for which both the perpetrators and their accessories share responsibility.

3. Pushers' Intent to Murder

By 1836, it was already well-established "that thousands and tens of thousands die of diseases of the lungs generally brought on by tobacco smoking. . . . How is it possible to be otherwise? Tobacco is a poison. A man will die of an infusion of tobacco as of a shot through the head." —Samuel Green, New England Almanack and Farmer's Friend (1836).

           Notice pushers' intent to murder (pursuant to standard legal definitions). The dangers, addictiveness, abulia-causing, inhibition-reducing, mind-altering power of tobacco had been reported in pre-Civil War medical writings. What was fact then, is still fact about tobacco's role in mental disorder. Americans took heed. Result: Declining U.S. tobacco use, reported by J. B. Neil, 1 The Lancet (#1740) 23 (3 Jan 1857).

           What changed? After the Civil War, angry, bitter Confederate soldiers (angry that moral Yankees had abolished their public pornography shows—nude woman-selling, and "women-whipping"—and the right to kidnap, rape, torture, murder and rob black people) went into tobacco manufacturing and advertising. This behavior had been opposed by religious northerners known as abolitionists. Religious Yankees knew that Ancient Israel began with 70 people and at the Exodus, rose to about 3,000,000. Due to the South's—often tobacco farmers—illegal and unconstitutional genocidal killing spree, U.S. blacks numbering about 15,000,000 dropped to somewhat above 3,000,000 prior to the 1860's.

           Tobacco farmers enjoyed mass rape; the 1860 census showed 588,000 mulattoes. Tobacco farmers were family destroyers. Moral Yankees were outraged, and, due to the Civil War, stopped the fun. The Confederates, Ku Klux Klan, tobacco farmers, atheists (the "Bible Belt" story is their cynical myth) believe that rights come from government, not God. They hated the Declaration of Independence for saying otherwise. They hated Yankees and black people with an intense murderous hatred. The ex-Confederate hatred of Yankees and blacks dwarfs the decades or centuries of hatred of, for example, Nazis vs. Jews, Serbs vs. Bosnians, or Irish vs. British, etc.

4. Confederates Saw Tobacco's Killer Potential

           Angry murderous Confederates developed the Reconstruction era Ku Klux Klan as an act of war. They continued the Civil War by guerilla tactics. Their educated members, like Hitler's killer researchers later, saw tobacco's inhibition-reducing, killer potential. They decided to reverse the trend of declining tobacco use that The Lancet had reported. They saw that addictive KKKigarettes (cigarettes) make a fatal chemical warfare weapon against Yankees and blacks.

Cigarettes are Confederate poison "bullets" that explode with grenade-like ferocity into millions of poisonous, toxic particles. The goal: destroy more families, kill more Yankees every year than during the whole Civil War.

Tobacco-using Confederates who use their own product do so, to deceive Yankees into believing that cigarettes are safe, so as to kill them. Such tobacco-using Confederates see themselves as martyrs in the cause.

To hook (addict) their Yankee and black targets on these KKK bullet grenades, the killer Confederates manipulated nicotine levels.

By about 1881 (the year they killed Pres. James Garfield), they had invented cigarette machines capable of making 120,000 cigarettes a day.

Many people still alive when Michigan banned cigarettes by law MCL § 750.27, MSA § 28.216 in 1909 remembered that Confederates—the source of tobacco—had fought for the right to torture and kill.

That right to torture, used as per slavery unconstitutionality, had been repeatedly upheld in southern courts, e.g.,

Examples of Abuses and Tortures
by Tobacco-Farmer/Slavers
(1) adultery
(2) atrocities
(3) axe-murder
(4) Bible-refusing
(5) commandment-breaking
(6) degradation
(7) extortion
(8) eye-gouging
(9) genocide
(10) mass abuses
(11) racking and salting
(12) rape
(13) robbery
(14) skinning
(15) torture
(16) torture-murder
(17) violence
(18) whip-to-death
(19) Civil-War abuses.

So in 1909, there was prudent suspicion that "unreconstructed Southerners" wanted revenge, and would manipulate so as to torture and poison Northerners.

There was (see § V) evidence of poisoning, rat poison in cigarettes—put there in revenge by the bitter Confederate soldiers who returned to tobacco farming and manufacture.

           Re the tobacco-crime link (known since at least 1836), Confederates were inordinately interested. Why? to unleash a crime epidemic on the hated U.S.

After Reconstruction, they manipulated southern State Constitutions. Which clauses? their voter-definitions' clauses. Why? to disenfranchise blacks. See Shapiro, Confederates and Crime, 103 Yale Law J 537-566 (Nov 1993).

To counteract abolitionist warnings to blacks not to smoke, they unleashed advertising targeting blacks. Why? to hook them on the gateway drug, then other drugs (even tobacco antidotes) that they manipulated lawmakers to ban.

"The first step toward addiction may be as innocent as a boy's puff on a cigarette in an alleyway," said the U.S. Supreme Court in Robinson v California, 370 US 660; 82 S Ct 1417; 8 L Ed 2d 758 (1962).

           Further manipulations:

5. Adding Coumarin to Cigarettes

           By 1884, a medical text by Laurence Johnson, M.D., reported that the ex-Confederates had made a horrifying change in the tobacco formula: the addition of coumarin (for rat poison). Citation: Laurence Johnson, M.D., A Manual of the Medical Botany of North America (NY: William Wood & Co, 1884), pp 170-171.

           As a "natural and probable consequence," rat poison causes hemorrhaging. That is how it kills rats! But in people, it is worse. Rat poison, in combination with other cigarette toxins, e.g., carbon monoxide and nicotine, causes hemorrhaging in the brain. Result: brain damage symptoms including marked behavior altering effects, e.g., abulia, acalculia, inhibition reduction, destruction of the pertinent self-defense reflex, impaired/delayed judgment, deterioration in personal conduct, etc.

6. The False Claim of "Choice"

           Killer Confederates cynically, murderously, contrary to standard legal definitions, call the "decisions" that result from the damage, "choice," and the killing process, a "right." Result: tens of millions of casualties, and crime. (90% of prisoners are smokers.)

Tobacco Confederates advertise to promote the "choice" myth. Analogies:
Modern Confederates too have intent to murder— 37,000,000, the government's own body count. See the U.S. Department of Health, Education and Welfare, National Institute on Drug Abuse (NIDA), book entitled Research on Smoking Behavior, Research Monograph 17, Publication ADM 78-581, p v (December 1977), said:
"Over 37 million people (one of every six Americans alive today) will die from cigarette smoking years before they otherwise would."

           See also the Royal College of Physicians of London, Smoking and Health Now (London: Pitman Medical and Scientific Publishing Co, 1971), p 9, declaring the smoking-caused death toll a "holocaust" due to the then "annual death toll of some 27,500." If 27,500 deaths is a "holocaust," and it is, 37 million is (in contrast to the Nazi 6 million holocaust), a six fold+ holocaust. That is above the World War II "crimes against humanity" level for which prosecutions occurred at The Nurnberg Trial, 6 FRD 69 (1946).

           The Nurnberg Trial, 6 FRD 69, 161-163, prosecution included Julius Streicher and William Joyce, Nazi propagandists convicted and hanged for their pro-death media words. So prosecutions for tobacco deaths must also include aiders and abettors in the media. Too many in the media censor anti-tobacco data, and actively promote tobacco use, aiding and abetting the killings.

           What pro-tobacco media writers and tobacco ads do is aid and abet tobacco murder, pursuant to the criteria cited in Paladin Enterprises, Inc v Rice, 128 F3d 233 (CA 4, 1997) cert den 523 US 1074; 118 S Ct 1515; 140 L Ed 2d 668 (1998). Even as a mere civil law matter, when writings, books, newspaper ads, commercials, etc., aid and abet the killings, the publishers and advertisers are liable, as nothing in freedom of the press allows aiding and abetting murder and genocide, pursuant to case law such as Paladin Enterprises, Inc v Rice, supra.

7. Michigan Reaction - A Cigarette Ad Ban

           Michigan knew that a killer can kill by poisoning his victim if he can deceive, trick, mislead, beguile, by cunning, murderous words in, e.g., advertising. Concerned citizens have long opposed the cigarette ads targeting certain residents, especially children, of the inner city. This targeting has been effective. Note whose nonsmoker children are turned into smokers: 25.4% white; 26% black; 38.7% Native American; and 20.4% Latino. A Michigan group, CABAAT, was formed specifically to oppose such ads. So Michigan banned advertising of this type:

"Any person who shall post, place or display on any sign board, bill board, fence, building, sidewalk, or other object, or in any street, road, or other public place,

any sign, picture, printing, or other representation of murder, assassination, stabbing, fighting or of any personal violence, or of the commission of any crime, or any representation of the human form in an attitude or dress which would be indecent in the case of a living person, if such person so appeared in any public street, square or highway,

shall be guilty of a misdemeanor." MCL § 750.38, MSA § 28.227 (1885).

8. Confederate Tobacco Pushers' Reaction To Exposure

Tobacco pushers are out-of-uniform Confederate soldiers, killing in violation of the laws of war. Naturally, there were people, judges, law enforcement officials, doctors, etc., who exposed the tobacco Confederates' killer plan. The KKK came north and opposed/retaliated against them, and a Yankee anti-cigarette judge (Benjamin B. Lindsay) who had spoken out against them, so much so that he was disbarred and run out of state. That incident sent a chilling message.

Tobacco Confederates also used mass bribery, cited (re legislators) in American Heritage, Vol 32, p 103 (Feb/March 1981) and Smithsonian, Vol. 20, pp 114-115 (July 1989), and (re police) in U. S. v Sheriff Goins, 593 F2d 88 (CA 8, 1979). The Knapp Commission Report on Police Corruption (NY: 1972) found that, with rare exceptions, those who aren't corrupt, take no steps to prevent what they know/suspect others do.

9. Michigan's Further Reaction

Michigan reacted to prevent these KKK-inspired "natural and probable" killer consequences by banning cigarettes in 1909. MCL § 750.27, MSA § 28.216 bans "any person within the state" from action that "manufactures, sells or gives to anyone, any cigarette containing any ingredient deleterious to health or foreign to tobacco . . . ." Michigan also banned Klan insignia, MCL § 750.396, MSA § 28.628 (1923), of which cigarettes are its #1 feature. It insults our ancestors, grandparents, etc., many of whom saw what Confederates were doing before the Civil War, and who fought in it, to say they suddenly became too stupid to notice what the Confederates were doing in retaliation after the Civil War.

10. Recommendations

It is easier to seek enforcement of laws already in existence, than to pass a new one, especially in the face of hostile resistance by paid lobbyists. So action should be taken to get MCL § 750.38, MSA § 28.227 enforced.

Enforcement would be easier if police regularly enforced MCL § 750.27, MSA § 28.216) against deleterious and adulterated cigarettes. Wilful neglect to enforce extant law is illegal, MCL § 750.478, MSA § 28.476. Wherefore this underlying situation should also be resolved.

The police enforce MCL § 750.337, MSA § 28.569, the law against certain offensive language. They can certainly do no less on language that leads to a "holocaust" level of deaths.

11. The Nuremberg Precedent

When journalists, publishers, advertisers, etc. refuse to abide by the law voluntarily, and use their words wrongfully, for the hurt of the foreseeable public, criminal prosecution does of course become the next step. At Nuremberg, it came out some of the accused tried to deny their own words; they were so proud of them when they had written them, suddently, once arrested, those words they never saw and didn't recall a thing; the evidence of pro-death words was all forgeries you know!!!

Examples of books detailing the prosecutions, and giving examples of the denials of their own words when it was suddenly no longer funny to have written pro-death words, include but are not limited to the following:

Davidson, Eugene, The Trial of the Germans (New York: The Macmillan Co, 1966)

Heydecker, Joe Julius, and Johannes Leeb, The Nuremberg Trial: A History of Nazi Germany As Revealed Through the Testimony At Nuremberg (Westport, CT: Greenwood Press, 1958, 1975)

Maser, Werner, Nuremberg: A Nation on Trial (New York: Charles Scribner's Sons, 1979)

Neave, Airey, On Trial at Nuremberg (Boston: Little Brown & Co, 1978)

Smith, Bradley F., Reaching Judgment at Nuremberg (New York: New American Library, 1977)

Tusa, Ann and John, The Nuremberg Trial (New York: Atheneum, 1986)

           It can be anticipated that current pro-tobacco writers will attempt a similar defense—denial that they ever wrote the pro-tobacco words. The webwriter, and you too, it is hoped, look forward to more such prosecutions as occurred at Nuremberg, as a method to restore morality. Media people, writers, publishers, advertisers, etc., should have some respect for it. If not voluntarily achieved, then the Nuremberg method becomes needful once again.

Tobacco-Caused Deaths Constitute Murder
Pursuant to Standard Case Law and Legal Definitions,
Warranting International Genocide Prosecutions and Extraditions
Standard Legal Definitions
Murder Case Law
Cigarette Ads Are Illegal
Genocide Prosecutions of Pushers
Extraditions of Tobacco Pushers

Valerie Bemeriki: A Journalist Indicted for Inciting Genocide

The Writer's Testimony Against Cigarette Advertising
To Warren (MI) City Council
To Detroit (MI) Planning Commission
To Detroit (MI) City Council

A Sample Handout To Serve On Cigarette Advertisers

The Department of Justice Position in Support of Baltimore's Ban
David Vladeck's Testimony Citing Basis to Regulate Cigarette Advertising
Robert Kline Testimony on Constitutionality of Regulating Cigarette Advertising
Larry C. White Calls Regulating Cigarette Advertising Constitutional
A Court Decision on Tobacco Company Fraud Orders Release of Secret Documents

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Copyright © 1998 Leroy J. Pletten