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).

Fifth Ave Coach Co v City of New York, 221 US 467; 31 S Ct 709; 55 L Ed 815 (1911), and
Packer Corp v State of Utah, 285 US 105; 52 S Ct 273; 76 L Ed 2d 643 (1932).

           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.

           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.

           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.

• Com v Turner, 26 Va 678 (1827);

• State v Mann, 13 NC 263 (1829);

• Neal v Farmer, 9 Ga 555 (1851); and

• Com v Souther, 48 Va 673 (1851).

           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.

           Further manipulations:

(1) Denouncing prohibition of the gateway drug;
(2) supporting prohibition of post-gateway drugs;
(3) claiming prosecution of white cigarette sellers burdens the judicial system;
(4) while claiming that prosecuting blacks for post-gateway drug use does not;
(5) infiltrating police departments with Confederates-in-attitude to obstruct enforcing anti-cigarette laws, focus only on post-gateway drug crime, thus disenfranchise targeted blacks, to impact elections.

           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.

           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.)

,li>(1) Falsely yelling "fire" in a crowded theater;
• (2) Nazi propaganda done with intent to murder.

"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.

           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:

           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.