Day 012 - 18 Jul 94 - Page 41


     
     1        having copied it and put it into our bundle.  Let us use
              the one at 157.  It is the same date.  This time the
     2        letter is signed by Mr. Califano himself.  We see that
              from 163?
     3        A.  Yes, my recollection is the letter to Mr. Abrams was a
              softer letter.
     4
         Q.   Softer letter?
     5        A.  Softer letter than it was to the other two gentlemen
              because of this prior relationship.
     6
         Q.   You had had a good relationship with them?
     7        A.  That is correct.
 
     8   Q.   Let us use the one to the Attorney General of Texas,
              particularly given the fact that Mr. Gardner has
     9        volunteered himself as a witness to the defendants in this
              case it may be more appropriate.   May 4th 1987. "We are
    10        writing on behalf of McDonald's" and so on.
 
    11        " Your letter contends that an entire nationwide
              advertising campaign that McDonald's began more than three
    12        months ago is deceptive and must immediately be stopped.
              That demand reflects a fundamental misreading of the
    13        advertisements at issue and of the legal principles
              applicable to advertising and commercial speech.  The
    14        threat to bring the power of the state to bear on
              McDonald's in order to suppress an entire advertising
    15        campaign is calculated to have a chilling effect on
              McDonald's First Amendment rights and constitutes a
    16        patently improper attempt to impose a prior restraint on
              constitutionally protected speech".
    17
              Mr. Horwitz, again as a lawyer, the first amendment
    18        protects freedom of speech, does it not?
              A.  It does.
    19
         Q.   "Based on our review of the advertisements and the
    20        applicable law" ----
 
    21   MR. JUSTICE BELL:  I notice you do not use the phrase "freedom
              of speech"; you use constitutionally protected speech; it
    22        may be more accurate?
              A.  That is correct.
    23
         MR. RAMPTON:  Also, in passing, it is difficult, if not
    24        impossible, under American law to get what we call an
              injunction, an order, restraining speech or writing before
    25        it is published, is that right?
              A.  That is correct; very difficult. 
    26 
         Q.  "Based on our review of the advertisements and the 
    27        applicable law on deceptive advertising, we have concluded
              that the advertising campaign is not deceptive, either
    28        viewed as a whole or in any material part.  Moreover, we
              object to the manner in which your office is proceeding on
    29        this matter.
 
    30        1.  The Advertising Campaign
 

Prev Next Index