The Emperor of All Maladies: A Biography of Cancer

by Siddhartha Mukherjee

With Geller’s consent, Banzhaf filed his case against the TV station in court. Predictably, tobacco companies protested vociferously, arguing that legal action of this sort would have a chilling effect on free speech and vowing to fight the case to its bitter end. Faced with the prospect of a prolonged court battle, Banzhaf approached the American Cancer Society, the American Lung Association, and several other public health organizations for support. In all cases, he was rebuffed. Banzhaf chose to go to trial anyway. Dragged into court in 1968, he squared off against “a squadron of the best-paid lawyers in the country, row after row of them in pinstripe suits and cuff links”—and, to the utter shock of the tobacco industry, won his case. The court held that “proportional airtime” had to be given to protobacco and antitobacco advertising. The FCC and Geller leapt back into the arena. In February 1969, the commission issued a public announcement that it would rigorously police the “proportional airtime” clause and, given the public-health hazard of tobacco, seek to ban cigarette commercials from television altogether. Tobacco makers appealed and reappealed the Banzhaf decision, but the Supreme Court refused to hear the case, letting the decision stand.