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THE WHITE HOUSE Fill Legal Hings FROM: WASHINGTON MEMORANDUM FOR WHITE HOUSE AND EXECUTIVE BRANCH STAFF Francis Thomas Sobol Special Counsel To The President SUBJECT: Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal Background The President receives many requests from individuals, businesses, educational institutions, and others to use his name, likeness (pictures or video tape), activities, or words to promote a variety of endeavors. Businesses, individuals, and communities often propose to use pictures or references to the President's visits or words to promote their products, services, or potential. Various companies desire to use a likeness of the President, the First Family, the White House or the Presidential Seal to capture the attention of the public for their advertising and in the process create a linkage (intentionally or otherwise) between their products or services and the President. White House Policy Against Commercial Entanglements for the President The White House's long-standing policy is to refuse permission to use the name, likeness, words, or activities of the President, his family, or the White House itself, in advertising or commercial promotions in any way that suggests a connection between the President, his family, or the White House, and the advertising or promotion, notwithstanding the merits or reasons that accompany the request. The Vice President also subscribes to this policy and its implementing procedures. Exceptions to the Policy The reproduction of the likeness, words, or activities of the President, his family, the White House, or the Presidential Seal in educational materials or presentations may be allowed by the White House on a case by case basis. The test for approval is whether the use avoids creating an impression of a Presidential endorsement or approval of a commercial product, service, or enterprise. In addition, permission may be granted to use the President's likeness or that of the White House in fund raising activities conducted under Government auspices or involving a worthwhile charitable or philanthropic endeavor after a case by case review of the merits of the request. Procedure for Policy Enforcement Prior written approval must be obtained from the Counsel to the President for all non-White House of the likeness, name, words, or activities of the President, his family, or the White House itself. uses The same policy applies to proposed uses of the Presidential Seal; however, uses of the Seal are also governed by Federal law as codified at 18 U.S.C. I 713. Violations of these policies will lead to appropriate legal action by the Office of the Counsel to the President. All requests should be in writing and sent to the Office of the Counsel to the President, the White House, Washington, DC 20500. April 13, 1993 76h THE WHITE HOUSE WASHINGTON Historical summary of White House policy concerning the use of the President's name or likeness based on the Council of Better Business Bureaus' "Do's and Don'ts in Advertising Copy" General Section 2, November, 1984. USE OF THE NAME OR LIKENESS OF THE PRESIDENT OF THE UNITED STATES Use of the President's Name This procedure must also be followed in connection with or Likeness similar advertisements proposing to make use of the 236 President Reagan is adhering to a longstanding poli- name or likeness of the First Lady. (See also 2-394 and cy of refusing permission to use the name or likeness of 16-415.) the President of the United States, or of the First Lady, For additional guidance, contact the Office of the in advertising or commercial promotion in any way that Counsel to the President, the White House, Washing suggests a connection between the President or First ton, D.C. 20500; telephone (202) 456-1414. Lady and such advertising or promotion, notwithstand- ing the merits or reasons that accompany the request. Use of the Presidential Seal The reproduction of the President's or First Lady's It is not permissible to use the Seal of the President of 236a name or likeness for sale as such, or inclusion in an edu- the United States in advertising copy. The Presidential cational game, book, collection of portraits and/or Seal may be used only as authorized by Federal statute biographies shall not be considered advertising or pro- or by the Counsel to the President 18 U.S.C. $ 713 and motion if there is no indication or suggestion of endorse- Executive Order No. 11649 (1972). ment or approval by the President or First Lady of a commercial product, service or enterprise. Use of the Vice President's Name The Counsel to the President has advised the Council or Likeness of Better Business Bureaus, Inc. (CBBB) that exceptions Counsel to Vice President Bush has informed the 236b to this rule, which has been adhered to by all Presidents, Council of Better Business Bureaus that the Vice Presi- can be granted only after a request in writing has been dent and his family would ask that their names and submitted to and approved by the Counsel to the Pres- likenesses not be used for advertising commercial enter. ident prises. The Vice President has adopted exactly the same The policy applies with equal force to the use of the policy on use of his or his family name or likeness as name or likeness of the President, or of the First Lady, maintained by the President. for any promotion or similar publicity purposes. The on- ly instances where permission has been granted have Office of the Counsel been in connection with fund-raising campaigns spon- to the President sored by the Federal Covernment, or conducted under Following is I statement on references to the White government auspices, such as those of the American Na. House in advertising provided by the Office of the Coun- lional Red Cross. Even to such organizations, no overall sel to the President November 1984. permission is granted. Each individual case must be brought to the attention of the White House for ap. REFERENCES TO THE WHITE HOUSE proval and such exceptional cases could be considered IN ADVERTISING only on their individual merits. Exception may also be made with respect to adver- Neither the name nor the photograph or likeness of tisements promoting books or articles about the Presi- the White House should be used in advertising in any dent authored by him or radio-TV programs featuring way that would suggest an endorsement or approval. If him, but only if such advertisements are submitted to asked, the Counsel to the President would decline to the Counsel to the President for approval in advance. give authorization for such use. For additional guidance, contact the Office of the Counsel to the President, the White House, Washing. ton, D.C. 20500; telephone (202) 456-1414. November 1984 Do's and Don't In Advertising Copy Copyright 1984, Council of Better Business Bureaus, IDC. (Most recent update: Feb/Mar-1993 NOV 24 '93 03:10PM MACY'S LEGAL DEPT. P.2 R.H.Macy & Ca.Ina OFFICE OF THE GENERAL COUNSEL 161 WEST 34TH STREET NEW YORK, NY 10001-2180 HERBERT M. HELLMAN TELEPHONE (212) 494-4454 GROUP SENIOR VICE PRESIDENT- TELECOPIER (212) 494-1968 GENERAL COUNSEL Fillacy's November 23, 1993 VIA FACSIMILE Marvin Krislov, Esq. Special Counsel to the President The White House 1600 Pennsylvania Avenue Washington, DC 20500 Dear Marvin: Confirming our earlier conversation, the Macy's Holiday Windows featuring the President and First Lady will not contain any reference to Chelsea Clinton and will feature the following disclaimer: The Holiday Windows are a Macy's presentation and do not represent an endorsement by the President, the Vice President, the First Lady or any governmental agency. Thank you for your assistance. Very truly yours, VL/L/L NOV 24 '93 03:10PM MACY'S LEGAL DEPT. P.1 PRIVILEGED & CONFIDENTIAL DETERMINED TO BE AN R.M. MACY & CO., INC. ADMINISTRATIVE MARKING 151 WEST 34TH STREET NEW YORK, NY 10001 INITIALS: Dy DATE: 8/21/13 2013-0359-5 FAX COVER SHEET TO: MARVIN KRISLOV, ESQ. 202-456-1647 FROM: HERBERT M. HELLMAN, ESQ. TOTAL PAGES: 2, INCLUDING COVER PAGE. DATED: November 24, 1993 PLEASE CALL GABRIELLE DAWKINS AT 212-494-4454 IF ALL PAGES ARE NOT RECEIVED. RETURN FAX NO. (212-494-1968). The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the United States Postal Service. We will reimburse any cost you incur in notifying us and returning the message to us. Thank you. The White House Fill Macy's COUNSEL'S OFFICE FACSIMILE TRANSMISSION COVER SHEET November 22, 1993 DATE: TO: Herbert Hellman, Senior Vice President & General Counsel 212- 494-1968 FACSIMILE NUMBER: TELEPHONE NUMBER: 212-695-4454 Marvin Krislov, Esq., Special Counsel to the President FROM: TELEPHONE NUMBER: 202-456-7903 $ 5 PAGES (WITH COVER): PLEASE DELIVER IMMEDIATELY/URGENT COMMENTS: PLEASE DELIVER AS SOON AS POSSIBLE The document(s) accompanying this facsimile transmittal sheet is intended only for the use of the individual or entity to whom it is addressed. This message contains information which may be privileged, confidential or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any disclosure, dissemination, copying or distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received this information in error, please immediately notify the sender at their telephone number stated above. THE WHITE HOUSE WASHINGTON November 22, 1993 Herbert Hellman Senior Vice President and General Counsel Macy's 151 West 34th Street New York, NY 10001 VIA FASCIMILE RE: Unauthorized Use of Likenesses of the President, Vice President, and First Family in Commercial Advertising Dear Mr. Hellman: This letter concerns the holiday windows in your Herald Square store which, according to a New York Times story dated November 21, 1993, will contain likenesses of the President, Vice President and First Family. Bernard W. Nussbaum, Counsel to the President, asked me to review with you the White House's long-standing policy that prohibits the use of likenesses, images, or activities of the President, the First Family, or the Vice President in commercial adver- tising. Specifically, this policy means that the name and likeness of the President, Vice President, and First Family may not be used to state or imply an endorsement or other linkage between them and a commercial product or service, regardless of its merits. Enclosed please find a summary of the policy for your information and a summary of the Council of Better Business Bureaus' "Do's and Don'ts in Advertising Copy," which has provided similar advice to advertising executives for more than a decade. The holiday windows violate this long-standing White House policy since Macy's has not received prior written permission from the Counsel to the President to use the likenesses of the President, Vice President and First Family in its advertising. Additionally, the holiday windows improperly and inaccurately suggest approval or endorsement by the President, Vice President and First Family of your products and services. Accordingly, we request that your organization cease and desist all unauthorized uses of the likeness of the President, Vice President, and First Family in the advertising of commercial services or products. Thank you for your prompt attention to this matter. Sincerely, Mamn Kislar Marvin Krislov Special Counsel to the President 2 Charman and CEO of File Mark ullman macy's Macy's 212/494-4448 4094 4630 public offairs Gloria Kreitzman 212/494-4414 \ NOV 23 '93 12:49PM MACY' LEGAL DPT. P.1 PRIVILEGED & CONFIDENTIAL Ful R.H. MACY & CO., INC. DETERMINED TO BE AN 151 WEST 34TH STREET ADMINIST TIVE MARKING NEW YORK, NY 10001 FAX COVER SHEET INITIALS: Ry 2013-0359-5 DATE: 8/21/13 TO: MARVIN KRISLOV, ESQ. 202-456-1647 FROM: HERBERT M. HELLMAN, ESQ. TOTAL PAGES: 2, INCLUDING COVER PAGE. DATED: November 23, 1993 PLEASE CALL GABRIELLE DAWKINS AT 212-494-4454 IF ALL PAGES ARE NOT RECEIVED. RETURN FAX NO. (212-494-1968). The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the United states Postal Service. We will reimburse any cost you incur in notifying us and returning the message to us. Thank you. NOV 23 '93 12:50PM MACY' LEGAL DPT. P.2 R.H.Macy & Inc OFFICE OF THE GENERAL COUNSEL 15) WEST 34TH STREET NEW YORK. NY 100C1-2180 HERBERT M. HELLMAN TELEPHONE (212) 494-4454 GROUP SENIOR VICE PRESIDENT. TELECOPIER (212) 494-1968 GENERAL COUNSEL November 23, 1993 VIA FACSIMILE Marvin Krislov, Esq. Special Counsel to the President The White House 1600 Pennsylvania Avenue Washington, DC 20500 Dear Mr. Krislov: This is in response to your letter of November 22, 1993 concerning Macy's holiday window, which will depict the first family in a holiday setting. We are somewhat puzzled by your letter since the concept and presentation was developed in concert with members of the White House staff. Our portrayal of the first family in a holiday setting is intended to link the presidency with the national spirit of the holiday season in a tasteful way, in keeping with the dignity of the Office of the President. Having relied on the cooperation of the White House, Macy's has devoted significant time and resources to develop this presentation, and we respectfully ask that we not be requested to remove it at this late date. Sincerely, Holle HMH/gd THE WHITE HOUSE WASHINGTON August 26, 1993 Droft Mr. Joseph F. Pauley President Kahler Communications 6701 Democracy Boulevard Suite 300 Frank-lets sendage Bethesda, Maryland 20817 RE: Proposed use of the President's and the First Lady's name in promotional materials for Kahler Communications Dear Mr. Pauley: Thank you for writing the White House about your company's proposed references to President and Mrs. Clinton in your promotion materials. I am responding to your letter because such uses are reviewed by the Counsel to the President under the White House's long-standing policy to avoid commercial entanglements for the First Family. Bernard W. Nussbaum, Counsel to the President, asked me to review this policy with you. The goal of the policy is to avoid any uses the President's and the First Lady's name, image, words, or activities in association with a commercial enterprise. Specifically, the White House will not permit the President's or the First Lady's words, name, image, or activities to be used to state or to imply their endorsement or any other linkage between them and a commercial product or service, for example, Kahler Communication's seminar program. I have attached to this letter a statement of White House policy on such matters and an historical summary of the policy dating to Mr. Reagan's first Administration. Let me say as a personal note that I found your proposal to be creative and tastefully done. Nonetheless, the overriding concern we must share is making sure that the President, the First Lady, and the White House stay as free from commercial ventures as is humanly possible. I appreciate your help in this matter. Sincerely, Francis Thomas Sobol Special Counsel to the President Office of the Counsel to the President THE WHITE HOUSE WASHINGTON 8/13/93 Maggie: What are your thoughts on This ? LISa says no but is concerned because he is a friend / supporter from AK 4, sayno no too MAG \ THE WHITE HOUSE WASHINGTON 8.25.93 Hi Frank maggie agrees that we should say no to this but, because he is a Friend of the Clintons She thinks we need a "softer" letter telling them to dropdead we can't do it. Thank you for your help (as always), Everyn \ Evil \ FRank send SoboT office to in counselaren, / leave note Kahler Communications KAHLER (Washington, D.C.) A Division of Process Communications Inc. International Management Communications C PCM Graduate Elected President Process Communication works! Just ask President Bill Clinton. President Clinton and First Lady Hillary Rodham Clinton attended a 3-day Process Communication Seminar in Little Rock, Arkansas in 1984. Impressed by the power of Process Communication and the ability it gave him to communicate effectively with everyone, then Governor Clinton worked to develop his communication skills so that he could reach everyone and get things done. Some believe this ability to reach out to all people was President Clinton's secret weapon during the 1992 election campaign. Although many CEO's and other corporate executives have attended Process Communication Management (PCM) seminars and many other graduates have parlayed the improved communication and management skills they acquired in PCM seminars to rise to the top of the corporate ladder, the election of President Clinton marks the first time a PCM graduate has been elected President of the United States. After the First Lady attended the seminar she wrote a note to Sandi Kahler, vice president of Kahler Communications Inc., thanking her and Dr. Taibi Kahler, the President of Kahler Communications Inc. for running the seminar. In the note she said, "The Process Communication Model provides a framework for evaluating the information one wishes to communicate and the best means for doing so with various recipients of that information. I appreciate Taibi taking the time to provide the special seminar for us and look forward to many years of making use of what I learned. " She learned her lessons well. She used PCM for several years in her law practice and continues to use it in her new role at the White House. 6701 Democracy Boulevard, Suite 300, Bethesda, Maryland 20817 Telephone: (301) 983-8447 ROSE LAW FIRM A PROFESSIONAL ASSOCIATION RONALD M. CLARK J. GASTON WILLIAMSON GARLAND J. GARRETT PHILLIP CARROLL ATTORNEYS JERRY C.JONES W. DANE CLAY THOMAS P. THRASH C. JOSEPH GIROIR, JR. 120 EAST FOURTH STREET CAROL S.ARNOLD GEORGE E. CAMPBELL LITTLE ROCK, ARKANSAS 72201 JACKSON FARROW JR. HERBERT c. RULE. III LES R. BALEDGE STANLEY K. PRICE TELEPHONE (son 375-9131 JIM HUNTER BIRCH H. WETT DREGORY, B TELECOPIER (501) 375-1309 R. DAVIS THOMAS, JR. W.WRESON JONES DAVID L. WILLIAMS VINCENT FOSTER. JR. u. M. ROSE CATHERINE LASSITER WEBSTER L HUBBELL 1834-1913 RICHARD T. DONOVAN ALLEN W. BIRD II MICHAEL R. JOHNS WILLIAM C. BISHOP MARTIN K. THOMAS HILLARY ROOHAM CLINTON SUSAN RALSTON MCLEAN c. BRANTLY BUCK RICHARD N. MASSEY TIM BOC GARY N. SPEED M. JANE DICKET WILLIAM H. KENNEDY. III February 8, 1985 CHARLES W. BAKER KENNETH R. SHEMIN OF COUNSEL DAVID A, KNIGHT Ms. Sandra Kahler Vice President, Operations TAIBI KAHLER ASSOCIATES, INC. Seven Shackleford Plaza Little Rock, AR 72211 Dear Sandi: I am pleased to respond to the inquiry from your trainer in Chicago regarding my experience at the Process Communications Seminar you held recently for attorneys. I found the information about process communications pertinent to my work in litigation. The ability to communicate effectively with all kinds of people and particularly with witnesses and jurors is key to a trial lawyer's success. The Process Communication Model provides a framework for evaluating the information one wishes to communicate and the best means for doing so with various recipients of that information. I appreciate Taibi taking the time to provide the special seminar for us and look forward to many years of making use of what I learned. Sincerely yours, Hillery Rechard Clinta HILLARY RODHAM CLINTON /jkf Filgal THE WHITE HOUSE WASHINGTON September 8, 1994 M. Patricia Shelhamer Executive Director Family Assistance Program "For the Homeless" 1654 Ivar Avenue Los Angeles, CA 90028-6305 Dear Ms. Shelhamer: Maggie Williams of the First Lady's Office has asked me to respond to your letter of August 15, 1994. It is with regret that I inform you that the First Lady must deline your request for her participation. A long-standing White House policy discourages charitable fundraising by the President and First Family, regardless of its merit. Accordingly, this office must deny your requests. The First Lady extends her best wishes in your endeavor. Sincerely, Man Ked Marvin Krislov Assistant Counsel to the President cc: Maggie Williams FAMILY ASSISTANCE PROGRAM "FOR THE HOMELESS" 1654 IVAR AVENUE LOS ANGELES, CALIFORNIA 90028-6305 (213) 461-9632 FAX (213) 461-4558 FAP M. PATRICIA SHELHAMER Executive Director August 15, 1994 Margaret A. Williams Chief of Staff for the First Lady Office of the President The White House Washington, D.C. 20500 Dear Ms. Williams: The purpose of this letter is two fold. First we need to advise you that the premier of the movie "It Runs In The Family", for which Mrs. Clinton has agreed to serve as honorary chair, has once more been postponed from August 25, to a date yet to be set, probably sometime in October. As soon as a new date has been set we will notify you immediately in the hope that Mrs. Clinton might be able to attend. Secondly, this will act as a cover letter to a proposal submitted by Kathleen Garfield of the Garfield Foundation. The proposal will expain itself in detail, but essentially, the Garfield Foundation project would raise $300,000 to be split between this agency and The Children's Hospice in London. Marrione Her Royal Highness Princess Diana has agreed to provide a letter in support of the project to be included in the prospectus and we would be so honored if Mrs. Clinton might do the same repre- senting our part in the project. Naturally, we would submit the brochure and all other printed material mentioning Mrs. Clinton prior to publication. If there are questions or if you need more information please do not hesitate to call. Thank you again for your time and consideration. Sincerely yours, M. Patricia Shelhamer Executive Director CC: Garfield Foundation The Irwin E. & Kathleen Garfield Foundation 7-27-94 Hillary Rodham Clinton Office of the First Lady Old Executive Office Building Room 100 Washington, D.C. 20500 Dear Mrs. Clinton: I am writing to you on behalf of a very special fund raising project which is being sponsored by the Irwin E. & Kathleen Garfield Foundation, Los Angeles, California. The purpose of the project is to raise $300,000.00 for two charities, the Family Assistance Program in Los Angeles, California and the Children's Hospice, Milton, Cambridge, U.K. A prospectus for the project is enclosed with this letter along with a mission statement for the Garfield Foundation. Mrs. Clinton, I respectfully ask you to read the description for our project and consider my request of you. I am hopeful you will give us a brief statement of support for this endeavor which we can incorporate into the brochure we are designing. I am also requesting that you might provide us with a letter of thanks which we would have printed and present to each donor to the project who gives $3,000.00, or more. As you read our prospectus you will see we have a unique opportunity to tie our fund raiser to the UK/LA Cultural Festival which takes place in Los Angeles September 7th to November 7th, 1994. This transatlantic appeal to aid children and families in need is a collaboration between British artist Deryck Healey and the Irwin E. & Kathleen Garfield Foundation. We are most anxious to make a resounding success of this appeal for two reasons. The money we raise will enable these two organizations to continue their invaluable work. Equally important, we forsee this as the first in a series of creative programs between Foundation and artist to raise money for charity. 21632 Pacific Coast Highway Malibu California 90265 Telephone 310-456-9095 This is the Foundation's first attempt at raising money for charity as prior to this we have supported charitable institutions soley by writing checks. My husband and I established our foundation in 1990. We have been very - fortunate. Our lives have been blessed with financial security and our children have grown up happy and healthy. Through our foundation we have endeavored to share our good fortune with others in the community. However, because the Foundation's financial base is limited, we have chosen to focus attention on small charities outside the mainstream institutions; charities which disperse the money they raise as quickly and directly as possible to the good of the people they serve. The Foundation prefers to direct its assistance to small charities with the lowest percentage of operating expenses to capital dispersed. We generally do not contribute to fund raising which includes expenses for dinners, parties, celebrity involvement or unreasonable administrative expenditures. It is crucial that we make a success of this fledgling project. Though it is modest, if we attain our goal we plan to repeat this program every two years with a different artist. Each time half the money raised will go to a public charity in California and half will go to a charity in the artist's home area. Your participation will allow us to realize our goal of raising $300,000.00 for two very worthy charities and possibly more. This project has also been presented to Her Royal Highness, The Princess of Wales. We have asked the same endorsement from Her Royal Highness and have received a preliminary affirmative reply. A copy of the letter from the Private Secretary to the Princess of Wales, Mr. Patrick Jephson, is enclosed. My husband and I have been blessed with prosperity, family, health and happiness. It is our most sincere desire to share some of our bounty with people who've not been so fortunate. Your endorsement of this project can mean it's success, Mrs. Clinton. I look forward to your reply. I'm available at your convenience to answer any questions. Sincerely, Kathleen Garfield KG/rh The my Why name is Glam because Stafford of I'mll he my has brother years got him old. Barry very I Like Cambridge CHILDREN'S A10 ELY HOSPICE CHILDREN'S Iço to will cambridge be B in october which hopping has made becouse they HOSPICE I are Swings realy poorty. kind out Like people Side coups it is and to nice Like the and the like ball warm. for the Pool the Hydrotheraph I brothers and Like the berrie, A45 BEDFORD for the all and and A45 NEWMARKET pod Sues because dog. the Berrie Hardicapped in cleaf- of children doing different Jare, things. we CAMBRIDGE SCIENCE EASTERN PARK Sistern Hilary we made Grower clone organised of a Barry mature bird doI.I gets box trail, a day and Spailt all because fall when different Holiday he Hut things goes and the claim My BUSINESS PARK REGION thair Holiday because and home, So it's I a holiday hall it for the him andI think RIDGE its a fun place. BOARD OF DIRECTORS/TRUSTEES Rev Canon Fred ) Kilner MA (Cantab) Rector of Milton. Canon of Ety (Chairman) Mr Ghristopher Wingfield LLB Partner. Winters Solicitors, Cambridge (Hon Secretary) Mr Brian Woods FCA Partner. Grant Thornton. Bedford. (Treasurer) Dr Nick D Barnes MA. MB Chir FRCP Consultant Paediatrician Addenbrooke's Hospital. Cambridge Sir Alan Reay KBE MB FRCP (DCH) Consultant Paediatrician (Retired) Mr Barry Coupe BA. DipArch. RIBA Forum Architects. Cambridge Mr John Howard FRICS Chartered Surveyor, Cambridge Mr Gordon Laurie FASI FinstD Quantity Surveyor. Cambridge (Retired) Mr Geoffrey Newman Company Director Mrs Alison Williams Managing Editor, BBC Radio. Cambridge MEDICAL ADVISERS TO THE HOSPICE Dr Peter A Bailey BSc MB. BS. DCH. MRCGP Dr Martin Hughes BSc. PhD. MB B. Chir HOSPICE DIRECTOR A home caring for sick children Miss Susan F Potter RSCN RGN and their familiès The Children's Hospice for the Eastern Region Church Lane, Milton, Cambridge CB4 6AB Telephone 0223 860306 Produced by Glyn Davies, Cambridge A Company Limited by Guarantee No. 2776381 Registered Charity No 1017495 Kahler Communications 4 KAHLER (Washington, D.C.) A Division of Process Communications Inc. International Management Communications C 13 July 1993 Ms. Lisa Caputo Press Secretary for the First Lady Old Executive Office Building Room 100 Washington, D.C. 20500 Dear Ms. Caputo, I am the President of Kahler Communications (Washington, D.C.), the local representative/distributor for Kahler Communications Incorporated in Little Rock, Arkansas. President Clinton and the First Lady both attended a seminar on Process Communication taught by Dr. Taibi Kahler in Little Rock in 1984 and the First Lady very kindly provided an endorsement letter (attached) in 1985. She also allowed Dr. Kahler to quote from her letter in an endorsement which appeared in the Second Edition of his book "The Mastery of Management" which was published in March 1993. I publish a newsletter for Dr. Kahler which is sent to my clients and to all Kahler distributors and trainers throughout the country. Some of them make copies of some of the articles in the newsletter and send them to their clients. The news of the year for us is that a graduate of one of our seminars has been elected president and I would like to include an article about that in the newsletter. I am enclosing a draft of the article. When Dr. Kahler took a copy to Linda Dixon in the President's Little Rock office, Linda suggested he have me run it by you for you to clear with the President and the First Lady. Will you do that please and let me know if they agree or if they have any changes they would like made? Thank you. Shortly after the inauguration Dr. Kahler received a hand written note from President Clinton thanking him for his role as an advisor during the campaign. While I would like to use that in the article, Dr. Kahler will not authorize it because of his friendship with the President. This is my attempt at a compromise. Thank you for your assistance. Sincerely yours, Joseph F. Pauley President 6701 Democracy Boulevard, Suite 300, Bethesda, Maryland 20817 Telephone: (301) 983-8447 The Hospice was opened in August 1989 by HRH Children with a progressive illness such as The Princess of Wales, thanks to the generosity of The care team includes nurses, physiotherapist, Metabolic disorders or CNS degenerative disorders, many people who raised money to help children play leader, home support nurse, sibling support inoperable cardiac disease. malignancy and other, suffering from life threatening/life limiting illnesses leader, a nurse with special responsibilities for often rare, conditions are accepted. and their families. supporting bereaved families and a chaplain. The Hospice provides total family care in a No-one wears uniforms. It is situated in the village of Milton just off home from home environment. Families who stay the A45, 4 miles from the centre of Cambridge. A local G.P. practice provides medical care in can relax in peaceful surroundings. They can The Hospice is a registered charity and gives conjunction with the children's own doctors. choose to care for their sick child or may take the palliative care. friendship and practical help to sick opportunity of a break, perhaps a weekend away or children and to their families. Children from 0-17 a holiday with the rest of their family knowing their years are welcome. Referrals are considered from child is well cared for and is safe. eight counties in the Eastern Region, South Lincolnshire. Cambridgeshire, Norfolk. Suffolk, Essex. Hertfordshire. Bedfordshire and Northamptonshire. There are seven bedrooms for the sick children, designed to be as homely as possible. Two bed- rooms are double. Family accommodation includes 3 bedrooms, sitting room, kitchen and 2 bathrooms Our aim is to create an environment where providing comfort and privacy. children and their families can find help, hope and A Hydrotherapy pool is frequently used and encouragement. The care team can assist in the enjoyed both by the sick children and their families. control and prevention of pain and unpleasant Outside there is the garden which is in constant symptoms which cause distress. Sometimes children use, weather permitting and a play area with stay with us at the end of their lives. When the time different types of swings and a slide. comes for a child to die we do our best to ensure that this happens with dignity. surrounded by family and people he or she knows, and loves best. We continue to support families thereafter, if that is their wish. We can also offer support to the family in the home along with paediatric community nurses and other services. Further individual help is offered to siblings in a variety of ways under the guidance of our sibling support leader. The Irwin E. & Kathleen Garfield Foundation PROJECT OPEN STUDIO The Irwin E. & Kathleen Garfield Foundation wishes to introduce the Family Assistance Program in Los Angeles and the Children's Hospice, Milton, Cambridge, U.K. The Garfield Foundation has combined its resources with the artistic talent of British artist Deryck Healey to develop a unique project to assist small, non-profit organizations dedicated to serving and protecting the interests of children and encouraging and promoting the interests of children and encouraging and promoting the importance of the family. Each of the charities chosen for this project provides a critically important service to the community they serve. In Los Angeles the Family Assistance Program finds shelter, job training and counseling for homeless adults and their dependent children, resulting in permanent non-reliance on welfare. The Children's Hospice in the U.K provides a loving environment for children with life threatening/life limiting illnesses and conditions where these children and their families can find help, hope and encouragement. It is our goal to raise $300,000.00. We are seeking donations of $3,000.00 each from one-hundred community-minded patrons in both Los Angeles and the U.K. who understand the value of the work being done by the Family Assistance Program and Children's Hospice and who wish to assure through their financial support that this work continues to enrich the communities these charities serve. Each contributor of $3,000.00 will receive as thanks from the Garfield Foundation, a signed, limited edition copy of OPEN STUDIO. This magnificent one-hundred twenty- four page book has been created for our project by renowned artist Deryck Healey. Healey's contemporary works are held in some of the most esteemed art collections in the world, such as the Hess Collection, Switzerland. OPEN STUDIO will be enclosed in a handsome presentation case and our patrons will be first to receive this book, before it is released for sale in the bookstores. To further express the gratitude of the Foundation and artist, Healey has traveled to California to produce a special set of original art works on paper and with each book one set of these art works will be included. Though the art works are similar each is an original. Project OPEN STUDIO was conceived as a way to raise a large amount of money for small but extremely important charities which must constantly struggle for the funds to keep their critical work alive. By bringing together artist, foundation and the business community, the resources of all three elements combine to nurture this project to fruition. 21632 Pacific Coast Highway Malibu California 90265 Telephone 310-456-9095 HOW THE CHARITY BENEFITS: Family Assistance Program and Children's Hospice will each receive half the money raised, as much as 50% of the annual operating budget. Each of the two organizations will be introduced to patrons whose charitable interests may continue to be pledged to them. HOW THE PATRON BENEFITS: Through his or her financial contribution, each patron can be assured that children and families in critical situations are being helped and that the money is reaching the people who most need it. The patron is further assured that the maximum percentage of his contribution is applied directly to the work of the charity. These two organizations maintain a very cost effective office overhead, using volunteers whenever possible. In addition, the patron receives an important piece of art and is introduced to or reacquainted with, an outstanding artist. HOW THE ARTIST BENEFITS: The artist chooses a charity in his home area which fits the parameters of the Foundation's mission. The artist then produces an art work, in this case OPEN STUDIO, which is financed by the Foundation. The art work is used to encourage philanthropical citizens to help these charities continue their work. In producing his particular work, the artist is able to showcase his creative talents as well as share his personal philosophy with an audience of sophisticated art connoisseurs. HOW THE FOUNDATION BENEFITS: We achieve our goal. Two charities whose work parallels the Foundation's mission each receive a substantial amount of money. An artist with a brilliant future creates a remarkable work of art and is introduced to new art collectors. The art collectors not only meet a new artist but are also introduced to two outstanding charitable organizations. BUT MOST IMPORTANTLY: Children who are living in hopelessness, without shelter, education; adults with dependent children who are facing the dangers of life on the streets, unemployment and poverty; families with meager financial resources trying to cope with the overwhelming medical expenses and devastating emotional impact of a child facing terminal illness; all of these are helped through this project. Family Assistance Program (FAP), established in 1984, serve homeless families with dependent children through carefully planned, comprehensive and long-term intensive case management services of up to five years. FAP is not a shelter, its hands-on, personal, yet professional, approach, is credited with moving families from hopelessness and despair to self-sufficiency and renewed self-esteem. Approximately 80% of clients were teenage parents; an estimated 66% were sexually abused in the home, as children. FAP believes that the most effective way to deal with child abuse, poor performance of children in school, deliquency, youth violence/crime, drug/alcohol use and pregnancy in teenagers is to keep the child in the home and strengthen the parents, who will then create a wholesome, nurturing atmosphere within the home, allowing the child to develop to his full potential. FAP services include: (1) location of emergency shelter, then permanent housing, providing financial aid for deposits or Section 8 certificates; (2) individual and group psychotherapy by professional therapists for adults and children, to offset the trauma of homelessness; (3) parenting classes to reinforce parenting skills or to reestablish parent-child bonds; (4) creating employability through schooling or vocational training, counseling and assistance; (5) child care while parents attend training, counseling or search for work, and referral for long term child care; (6) referral for medical or developmental assessment and treatment, the various 12-Step programs, or for placement in residential drug or alcohol rehabilitation programs. FAP also acts as an advisor and advocate for clients, helping to empower them in their dealings with County Departments of PSS and Probation, employment supervisors, school personnel, disputes between clients/landlords, and/or client/Section 8 regulators. FAP staff also works with the Dept. of Childrens Services to satisfy requirements of the Court. FAP's goal is to motivate and transform homeless families into self-sufficient, independently living members of society. With an annual budget of $300,000.00, FAP provides these comprehensive services to approximately 100 families a year. More than 75% of those receiving FAP services will achieve independent living and be self-sufficient following "graduation" from the program, as measured by a minimum of six months permanent residency with adult family members either employed or in school. School age children will be enrolled in an appropriate program. Outcome measures thus include: (1) permanent non-reliance on welfare; (2) ability to support family; (3) children performing well in school and social situations; and, (4) a safe, wholesome, nurturing home environment for the children. FAP is inundated with requests for services. Currently new program admissions occur on a quarterly basis, since no more than 100 families can be accommodated with present budget constrictions. With your help FAP can continue to provide hope and skills to young homeless families and expand our enrollment to more and more of those in need. We Don't BOARD OF TRUSTEES Bob Clark, writer and director When You're Homeless, People s Susan Clark, actress Warren Grant, business manager To Look Right Through You... Dorian Harewood, actor Marianne Williamson, author and lecturer OFFICERS ..effective programs such as F.A.P. are an invaluable Mark Harris, chairman of the board asset to the City and to families and individuals in Kurt J.Wagner, president need. Please accept my commendation for the fine Sally Diane Drennon, secretary Jonathan Kehr, tresurer work you are doing." M. Patricia Shelhamer, executive director - TOM BRADLEY, Mayor BOARD OF DIRECTORS Donna Barranco THE BUCKLEY SCHOOL Peter Dekom, Esq. BLOOM, DEKOM, HERGOTT & COOK Sally Drennon "Our support of F.A.P. has become and important part SDF INTERIORS Tom Drennon of our lives. We hope that, more and more, others will DRENNON MULTIMEDIA feel that way, too.' Kathleen Garfield THE IRWIN E. & KATHLEEN GARFIELD FOUNDATION - BOB CLARK, Film Director and LANIE CLARK QUEENS ROW Mark Harris IRS/HARRIS MANAGEMENT Hillary Jacobs JACOB KEILLOR Jonathan Kehr " THE FAMILY ASSISTANCE Program is a much need- KEHR ACCOUNTANCY Jan Rhees ed system of support for families in crisis / am EARTH COMMUNICATIONS OFFICE Adriane Rothstein pleased to recommend (it) as a possible recipient of THE BUCKLEY SCHOOL any funding." Michael Schwartz GALERIE MICHAEL - DAVID ROBERTI, State Senator M. Patricia Shelhamer FAMILY ASSISTANCE PROGRAM Lisa Smith REAL ESTATE DEVELOPMENT Rita Tateel THE CELEBRITY SOURCE Jill Taylor GALERIE MICHAEL Kathleen Kelly Wagner, PHILANTHROPIST Kurt J. Wagner, M.D. FAP RENAISSANCE MAN Jerry Zukowski JERRY ZUKOWSKI & ASSOCIATES Elisa Celli Wallace INTERNATIONAL MULTI MEDIA THE FAMILY ASSISTANCE PROGRAM 1654 IVAR AVE.HOLLYWOOD.CA 90028 213 461 9632 01 & he Family Assistance Program helps receive tutoring to overcome illiteracy, Today, in America, 1 in 4 children is born in homeless families, not through handouts, or or to bring children up to grade level poverty. Studies show that these children have token measures, but through a carefully planned, serious lags in social, motor and language skills, the long term, support system, to has a goal to transform families in crises, into the majority over age 5 are severely depressed and most self-sufficient self-respecting members of society of the depressed children had suicidal thoughts. The locate adequate permanent housing, that they long to be. Clients, many of whom are single first priority for homeless children is stability, that and provide financial aid for deposits parents or families where parents have had limited means a permanent home and a nurturing receive individual and group psychologi- educational opportunities, must commit to establish- atmosphere. cal counseling, adults and children, to ing independent economic stability and enriching the offset the trauma of homelessness. quality of life for their families. Moving a family into an unfurnished apartment is only the first step. Help us to provide the support so receive medical treatments Allow your mind to imagine what it would be like necessary to develop self-esteem, trust, knowledge, to be a parent and/or parents with children, without learning and love. locate employment and/or job training the security of shelter, without knowing where, when have child care while looking for work or or if you might eat, or the opportunity to wash The Family Assistance Program of Hollywood was in training yourself, your clothes, or your children, to live with incorporated in 1984 as a charitable non-profit the constant threat of illness and of attack from California corporation, designated 501 (c) 3 by the attend support groups, such as AA, NA or almost everyone. Now you can begin to understand Internal Revenue. DA, Acting Classes as therapy. Arts and the devastating destructiveness of homelessness. Crafts groups The impact on children is most damaging. Photos by: EDDIE GARCIA ST. JAMES'S PALACE LONDON SWIA IBS From: The Private Secretary to H.R.H. The Princess of Wales 18th March, 1994 Dear Mr Willshine The Princess of Wales has asked me to thank you for your letter of 9th March. Recalling with pleasure her visit to the Children's Hospice in Milton, Her Royal Highness would be very happy to help in any way she can with the Los Angeles fundraising initiative. Perhaps, when convenient, you would telephone me to discuss possibilities. My number is 071-930 4832. your incomily Patiente deplan Patrick Jephson Jeremy Wiltshire, Esq. SPCYCETD PAPER The Irwin E. & Kathleen Garfield Foundation MISSION STATEMENT THE IRWIN E. AND KATHLEEN GARFIELD FOUNDATION WAS ESTABLISHED TO SUPPORT THE EFFORTS OF NON PROFIT ORGANIZATIONS DEDICATED TO PUBLIC SERVICE. OF PARTICULAR INTEREST TO THE FOUNDATION ARE ORGANIZATIONS WHICH SERVE AND PROTECT THE INTEREST OF CHILDREN AND ENCOURAGE AND PROMOTE THE IMPORTANCE OF THE FAMILY. BECAUSE THE FOUNDATION'S FINANCIAL BASE IS LIMITED, ATTENTION IS FOCUSED ON CHARITIES OUTSIDE THE MAINSTREAM INSTITUTIONS; CHARITIES WHICH DISPERSE THE MONEY THEY RAISE AS QUICKLY AND DIRECTLY AS POSSIBLE TO THE GOOD OF THE PEOPLE THEY SERVE. THE FOUNDATION PREFERS TO DIRECT ITS ASSISTANCE TO SMALL CHARITIES WITH THE LOWEST PERCENTAGE OF OPERATING EXPENSES TO CAPITAL DISPERSED. WHILE THE FOUNDATION DOES NOT SPECIFY A MAXIMUM PERCENTAGE TO OVERHEAD, THE LOWER THE COST OF RUNNING THE ORGANIZATION THE BETTER. WHEN THE RESOURCEFUL AND CREATIVE MEMBERS OF A COMMUNITY POOL THEIR COMBINED TALENTS TO HELP EDUCATE, HOUSE AND PROVIDE HEALTH CARE, AMONG MANY OTHER SERVICES, FOR THEIR PEOPLE IN NEED, THE ENTIRE COMMUNITY IS ENRICHED. IN THAT SPIRIT, PROJECTS WHICH MELD THE RECIPROCAL EFFORTS OF VISUAL OR MEDIA ARTISTS, BUSINESS INSTITUTIONS AND LOCAL CHARITIES, RECEIVE SPECIAL CONSIDERATION FROM THE FOUNDATION. THE IRWIN E. AND KATHLEEN GARFIELD FOUNDATION WAS ESTABLISHED IN 1990 IN LOS ANGELES, CALIFORNIA. 21632 Pacific Coast Highway Malibu California 90265 Telephone 310-456-9095 fill legar - THE WHITE HOUSE WASHINGTON DATE: 9/8/94 TO: MAGGIE WILLIAMS FROM: White House Counsel Room 128, OEOB, x7900 FYI great Appropriate Action Let's Discuss Per Our Conversation Per Your Request Please Return Other REALK REVIEW OK? \ Draft of letter from WH Counsel DRAFT September 8, 1994 Robert J. Stankey, Jr. 11201 Cranbrook Lane Oakton, VA 22124 Dear Mr. Stankey: The White House Counsel's office has received your request for documents made under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The FOIA applies only to records maintained by "agencies" within the Executive Branch. See 5 U.S.C. § 552(a)(3). The Office of the President, including the President's immediate personal staff and units in the Executive Office whose sole function is to advise and assist the President, is not an "agency" for the purposes of FOIA. Thus, the White House is not an "agency" for the purposes of FOIA. Consequently, FOIA does not establish a statutory right to the documents that you have requested from the Executive Office of the President. Nonetheless, Ms. Williams has asked that the requested information be forwarded to you. A description of her position is attached. Thank you for your letter. Sincerely, Marvin Krislov Assistant Counsel to the President Position: Assistant to the President/Chief of Staff to the First Lady Description: Ms. Williams manages, directs and advises a start thirteen individuals who support the activities of the First Lady. Areas of suppor include press relations, health care policy, White House events/social activities, scheduling and correspondence. She facilitates selected health care administrative and policy issues across White House departments and the Cabinet. Ms. Williams participates, as directed by the Chief of Staff to the President, in management, issue and communications meetings and work groups. THE WHITE HOUSE WASHINGTON January 24, 1994 " James A. Pikl, P.C. Vial, Hamilton, Koch & Knox 1717 Main Street Suite 4400 Dallas, TX 75201 Dear Mr. Pikl: The Office of Counsel to the President has received your letter of December 17, 1993. We continue to believe that your advertising suggests endorsement or approval of your products by the First Lady in violation of White House policy. First, the First Lady is associated in the public's mind with health care since she has testified before numerous Congressional committees and has played a leading role in advocating the President's health care reform initiative and there is no other "Hillary" closely associated with health care reform. Second, the phrasing of your advertisement suggests that the products are "new," thus linking the products to the health care initiative. Third, the name and spelling of "Hillary" clearly suggest the First Lady's connection with your products. Accordingly, we ask either that you withdraw the use of the name "Hillary" or else clarify in your advertising and promotion the complete absence of any connection with the First Lady. To clarify these issues, we would be interested in learning the history of the products' name and this advertising campaign. We hope that this matter can be resolved promptly, and would welcome any proposals you might make. Sincerely yours, Markush Marvin Krislov Special Counsel to the President VIAL, HAMILTON, KOCH & KNOX A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AND COUNSELORS 1717 MAIN STREET SUITE 4400 DALLAS, TEXAS 75201 TELEPHONE: (214) 712-4400 JAMES A. PIKL, P.C. (214) 712-4578 D/FW METRO TEL.: 988-7375 FAX: (214) 712-4402 17 December 1993 Mr. Marvin Krislov Special Counsel to the President The White House Washington, DC 20500 Re: Your letter of 8 December 1993 Dear Mr. Krislov: Our firm represents Sports Supports, Inc. In that capacity, we have been forwarded your letter of 8 December 1993 and its attachments. A copy of your letter and those attachments is attached to this letter for your ease of reference. We have reviewed both the advertisement for the Hillary Health Care Line you enclosed with your letter, and the Better Business Bureau, Inc. and White House memoranda concerning uses of the names or likenesses of the President, First Lady, etc. We also reviewed 18 U.S.C. § 713 and Executive Order 11649 concerning proposed uses of the seal of the President of the United States, although that statute and order appear to be inapplicable to our present discussion. Our client is somewhat at a loss regarding your letter and its allegations that the client's advertisement somehow "violates" any of the policies or rules referred to above. It is difficult to believe that the mere use of the name "Hillary" is somehow automatically attached to the First Lady. We find it very unlikely that your office is sending similar letters to every company or advertiser in the United States who use the name "Bill" in any of their marketing or advertising materials. Granted, the name Hillary is somewhat less common than the name Bill, but that fact alone seems to us less than sufficient cause for your allegations and demands. If we are overlooking the basis for your complaints and demands, we would certainly appreciate further response from your office pointing out to us how, exactly, our client's advertisement is in any way contrary to the policies and other materials you forwarded to our client in this matter. Mr. Marvin Krislov 17 December 1993 Page 2 Unless and until we hear from you differently, we will assume your office is withdrawing its allegations and demands made in your letter of 8 December 1993, and we will proceed accordingly. Thank you for your time and attention to this matter. Jame Dace Very, truly yours, James A. Pikl JAP/wc Enclosures THE WHITE HOUSE WASHINGTON MEMORANDUM FOR WHITE HOUSE AND EXECUTIVE BRANCH STAFF FROM: Francis Thomas Sobol Special Counsel To The President SUBJECT: Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal Background The President receives many requests from individuals, businesses, educational institutions, and others 10 use his name, likeness (pictures or video tape), activities, or words to promote a variety of endervors. Businesses, individuals. and communities often propose to use pictures or references to the President's visits or words to promote their products, services. or potential. Various companies desire to use a likeness of the President, the First Family. the White House or the Presidential Seal to capture the attention of the public for their advertising and In the process create a linkage (intentionally or otherwise) between their products or services and the President. White House Policy Against Commercial Entanglements for the President The White House's long-standing policy is to refuse permission to use the name. likeness. words, activities of the President. his family, or the White House itself, In advertising or commercial or promotions In any way that suggests a connection between the President, his family, or the White House, and the advertising or promotion, notwithstanding the merits or reasons that accompany the request. The Vice President also subscribes to this policy and Its implementing procedures. Exceptions to the Policy The reproduction of the likeness. words. or activities of the President. his family. the White House, or the Presidential Seal In educational materials or presentations may be allowed by the White House on a case by case basis. The lost for approval is whether the use avoids creating an Impression of a Presidential endorsement or approval of a commercial product, service. or enterprise. In addition, permission may be granted to use the President's likeness or that of the White House In fund raising activities conducted under Government auspices or Involving a worthwhile charitable or philanthropic endeavor after s case by case review of the merits of the request. Procedure for Policy Enforcement Prior written approval must be obtained from the Counsel to the President for all non-White House of the likeness, name, words, or activities of the President. his family. or the White House Itself. uses The same policy applies to proposed uses of the Presidential Seal: however, uses of the Seal are also governed by Federal law as codified at 18 U.S.C. 1 713. Violations of these policies will lead to appropriate legal action by the Office of the Counsel to the President. All requests should be in writing and sent to the Office of the Counsel to the President, the White House, Washington, DC 20500. April 13. 1993 THE WHITE HOUSE WASHINGTON December 8, 1993 Chief Executive Officer Hillary Health Care 400 Union Bower Court Suite 410 Irving, TX 75061 VIA FACSIMILE and U.S. MAIL RE: Unauthorized Use of the First Lady's Name and Image for Commercial Advertising Dear Sir or Madam: The attached advertisement was sent to our office in a complaint about the unauthorized use of the First Lady's name and image to promote a commercial product or service. This advertisement violates a long-standing White House policy against use of the President or First Lady's name to suggest an endorsement or approval of a product or service, regardless of its merits. Your advertising creates the false and misleading impression that the First Lady endorses your health care products. Moreover, the advertising erroneously suggests that she has a financial interest in your line of products. Enclosed for your information is a copy of the White House policy as well as guidelines developed by the Council of Better Business Bureaus. We therefore demand that you immediately cease and desist engaging in this false and misleading advertising. Thank you for your prompt attention to this matter. Sincerely, Maw Kiod Marvin Krislov Special Counsel to the President Attachment Knee Supports 1111 H.12 H-10 H.13 H.14 Elbow & Wrist Supports H-16 H-19 H.20 11-18 Ankle, Thigh & Back Supports II-21 H-17 H-18 H-22 & H.28 Keep Your Customer's Health Care Cost Down With The New Hillary Health Care Line Our new line of the 14 must frequently prescribed rubber and clastic support products offers American materials and quality workmanship at affordable prices. To learn more about Hillary Health Care Products, or to order direct call HC HC Hillary Health Care The Hillary Itealth Care Line is made by The Choice of Physicians. Therapists, Trainers and Achietes. Visit us at NHHCE . Bouth #2356 More Information? Circle 149 on reply card. THE WHITE HOUSE WASHINGTON Historical summary of White House policy concerning the use of the President's name or likeness based on the Council of Better Business Bureaus' "Do's and Don'ts In Advertising Copy" General Section 2, November, 1984. USE OF THE NAME OR LIKENESS OF THE PRESIDENT OF THE UNITED STATES Use of the President's Name This procedure must also be followed in connection with or Likeness similar advertisements proposing to make vie of the 236 President Reagon is adhering 10 n long-stending polt name or likeness of the Two Lady. (See Noo 2.394 and of of refusing permission 10 use the name or likeness of 16415) the President of the United States, or of the First Lady. For additional guidence, contact the Office of the In advertising or commercial promotion In any way that Counsel to the President, the White House, Washing. suggents I connection between the President or First ton, D.C. 20500; telephone 456-1414. Lady and such advertising or promotion, notwithstand. Ing the merits or ressons that accompany the request Use of the Presidential Seal The reproduction of the President's or First Lady's It is not permissible 10 UM the Seal of the President of 235a name or likeness for sale as such, or inclusion In an edu. the United States In advertising copy. The Presidential cational game, book collection of portraits and/or Seal may be used only H authorized by Federal statute blographies shall not be considered advertising or pro- or by the Counsel to the President 18 U.S.C. I 713 and motion if there is no indication or suggestion of endorse. Executive Order No. 11649 (1972). ment or approval by the President or First Lady of a commercial product service or enterprise. Use of the Vice President's Name The Counsel to the President has advised the Council or Likeness of Better Business Buresus, Inc. (CBBB) that exceptions Counsel 10 Vice President Bush has informed the 236b 10 this rule, which has been adhered to by all Presidents, Council of Better Business Bureeus that the Vice Prest can be granted only after a request in writing has been dent and his family would wh that their asmes and submitted 10 and approved by the Counsel to the Pres likenesses not be used for adversising commercial enter. ideol prises The Yice President has edopted executy the sene The policy applies with equal force to the vic of the policy on UH of his or his family name or likeness as paral or likeness of the President or of the Fust Lady, maintained by the President for any promotion or similar publicity purposes. The on- ly Instances where permission has been granted have Office of the Connsel been is connection wich fund-raising compaigns spon. to the President sored by the Federal Covernment or conducted under Following La . statement on references to the White government auspices, such as those of the American No. House in advertising provided by the Office of the Coun- lional Red Cross. Even to such organizations, no overall sel to the President November 1984. permission is granted. Each Individual case must be brought to the attention of the White House for sp REFERENCES TO THE WHITE HOUSE proval and such exceptional cases could be considered IN ADVERTISING only on their Individual merite Exception may also be made with respect to adver- Neicher the name nor the photograph or likeoess of ilsements promoting books or articles about the Presh the White House should be used la advertising in any dent authored by hire or radio-TV programs featuring way that would suggest an endorsement or approval If him, but only if such advertisements are submitted to asked, the Counsel to the President would decline to the Counsel to the President for approval la advance. give authorization for such use. For additional guidance, contact the Office of the Counsel to the President, the White House. Washing. 100, D.C. 20500; telephone 456-1414. November 1964 Do's and Don't La Advertising Copy Capyright 1984. Coupell of Beller Business Buresue, loc (Most recent update: Feb/Mar-1993 copy aftecter WHITE HOUSE from Marrin Knslor to Rep. WASHINGTON Hinchey Re: Hillary bag" January 27, 1994 The Honorable Maurice D. Hinchey United States House of Representatives 1313 Longworth Building Washington, DC 20515 Dear Congressman Hinchey: Margaret Williams, the First Lady's Chief of Staff, asked me to respond to your letter dated October 12, 1993, concerning the production of a woman's briefcase by your constituents at AmeriBag in Kingston, New York. I apologize for the delay in responding to your letter. While we certainly appreciate the good wishes of your constituent, we must decline the request for the First Lady to accept a briefcase called the "Hillary Bag." The White House has a long-standing policy against engaging in any activities that would suggest that a member of the First Family approves or endorses a particular product, regardless of its merits. Enclosed for your constituent's information are guidelines developed by this Administration, and those developed by the Council of Better Business Bureaus. On our behalf, please inform your constituent that the First Lady therefore cannot accept its offer. We also ask that it cease referring to her in any commercial advertising or promotion of its product. We do congratulate the company on its success, and wish it the best of luck in exploring new markets for American goods. Sincerely yours, MaKrislar Marvin Krislov Special Counsel to the President THE WHITE HOUSE WASHINGTON MEMORANDUM FOR WHITE HOUSE AND EXECUTIVE BRANCH STAFF FROM: Francis Thomas Sobol Special Counsel To The President SUBJECT: Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal Background The President receives many requests from individuals. businesses, educational institutions, and others to use his name, likeness (pictures or video tape), activities, or words to promote a variety of endeavors. Businesses, individuals, and communities often propose to use pictures or references to the President's visits or words to promote their products, services, or potential. Various companies desire to use a likeness of the President, the First Family, the White House or the Presidential Seal to capture the attention of the public for their advertising and in the process create a linkage (intentionally or otherwise) between their products or services and the President. White House Policy Against Commercial Entanglements for the President The White House's long-standing policy is to refuse permission to use the name, likeness, words, or activities of the President, his family, or the White House itself, in advertising or commercial promotions in any way that suggests a connection between the President, his family, or the White House, and the advertising or promotion, notwithstanding the merits or reasons that accompany the request. The Vice President also subscribes to this policy and its implementing procedures. Exceptions to the Policy The reproduction of the likeness, words, or activities of the President, his family, the White House, or the Presidential Seal in educational materials or presentations may be allowed by the White House on a case by case basis. The test for approval is whether the use avoids creating an impression of a Presidential endorsement or approval of a commercial product, service, or enterprise. In addition, permission may be granted to use the President's likeness or that of the White House in fund raising activities conducted under Government auspices or involving a worthwhile charitable or philanthropic endeavor after a case by case review of the merits of the request. Procedure for Policy Enforcement Prior written approval must be obtained from the Counsel to the President for all non-White House uses of the likeness, name, words, or activities of the President, his family, or the White House itself. The same policy applies to proposed uses of the Presidential Seal; however, uses of the Seal are also governed by Federal law as codified at 18 U.S.C. § 713. Violations of these policies will lead to appropriate legal action by the Office of the Counsel to the President. All requests should be in writing and sent to the Office of the Counsel to the President, the White House, Washington, DC 20500. April 13, 1993 THE WHITE HOUSE WASHINGTON Historical summary of White House policy concerning the use of the President's name or likeness based on the Council of Better Business Bureaus' "Do's and Don'ts in Advertising Copy" General Section 2, November, 1984. USE OF THE NAME OR LIKENESS OF THE PRESIDENT OF THE UNITED STATES Use of the President's Name This procedure must also be followed in connection with or Likeness similar advertisements proposing to make use of the 236 President Reagan is adhering to a long-standing poli- name or likeness of the First Lady. (See also 2-394 and cy of refusing permission to use the name or likeness of 16-415.) the President of the United States, or of the First Lady, For additional guidance, contact the Office of the in advertising or commercial promotion in any way that Counsel to the President, the White House, Washing. suggests a connection Between the President or First ton, D.C. 20500; telephone (202) 456-1414. Lady and such advertising or promotion, notwithstand- ing the merits or reasons that accompany the request. Use of the Presidential Seal The reproduction of the President's or First Lady's It is not permissible to use the Seal of the President of 236a name or likeness for sale as such, or inclusion in an edu- the United States in advertising copy. The Presidential cational game, book, collection of portraits and/or Seal may be used only as authorized by Federal statute biographies shall not be considered advertising or pro- or by the Counsel to the President 18 U.S.C. $ 713 and motion if there is no indication or suggestion of endorse- Executive Order No. 11649 (1972). ment or approval by the President or First Lady of a commercial product, service or enterprise. Use of the Vice President's Name The Counsel to the President has advised the Council or Likeness of Better Business Bureaus, Inc. (CBBB) that exceptions Counsel 10 Vice President Bush has informed the 236b to this rule, which has been adhered to by all Presidents, Council of Better Business Bureaus that the Vice Presi- can be granted only after a request in writing has been dent and his family would ask that their names and submitted to and approved by the Counsel to the Pres- likenesses not be used for advertising commercial enter. ident prises. The Vice President has adopted exactly the same The policy applies with equal force to the use of the policy on use of his or his family name or likeness as name or likeness of the President, or of the First Lady, maintained by the President for any promotion or similar publicity purposes. The on- ly instances where permission has been granted have Office of the Counsel been in connection with fund-raising campaigns spon- to the President sored by the Federal Government, or conducted under Following is a statement on references to the White government auspices, such as those of the American Na- House in advertising provided by the Office of the Coun- tional Red Cross. Even to such organizations, no overall sel to the President November 1984. permission is granted. Each individual case must be brought to the attention of the White House for ap- REFERENCES TO THE WHITE HOUSE proval and such exceptional cases could be considered IN ADVERTISING only on their individual merita. Exception may also be made with respect to adver- Neither the name nor the photograph or likeness of tisements promoting books or articles about the Presi- the White House should be used in advertising in any dent authored by him or radio-TV programs featuring way that would suggest an endorsement or approval. If him, but only if such advertisements are submitted to asked, the Counsel to the President would decline to the Counsel to the President for approval in advance. give authorization for such use. For additional guidance, contact the Office of the Counsel to the President, the White House, Washing. ton, D.C. 20500; telephone (202) 456-1414. November 1984 Do's and Don't in Advertising Copy Copyright 1984, Council of Better Business Bureaue, Inc. (Most recent update: Feb/Mar-1993 MACRICE D. HINCHEY WASHINGTON OFFICE 26TH DISTRICT. NEW YC 1519 LONEWORTH BUILDER WASHINGTON, " 10 COMMITTEE ON BANKING (202) FINANCE AND URBAN APPAIRS Congress of the United States KINGSTON OFFICE BUSCOMENTTION FINANCIAL INSTITUTIONS SUPERVISION 891 WALL STREET CONSUMER CREDIT AND INSURANCE Douse of Representatives KINGSTON. NV 18401 GÉNERAL AVEREIGHT AND INVESTIGATIONS 114 221-4489 COMMITTEE ON asbington, BC 20515-8226 BINGHAMTON OFFICE NATURAL RESOURCES 100A FEDERAL BUILDING BINGHAMTON, NY 13801 INVESTMENTES: non 778-2740 NATIONAL PARKS AND PUBLIC LANDS GENERAL OVERSIGHT October 12, 1993 ITHAGA OFFICE CARRIAGE HOUSE-TERRACE M. ITHAGA, MY 14060 Margaret Williams, Chief of staff (607) 878-1880 Office of the First Lady The white House 1600 Pennsylvania Ave., N.W. Washington, D.C. 20500 Dear Ms. Williams: I am writing to share with you and the First Lady the phenomenal success currently being axperienced by AmeriBag of Kingston, New York, which has one of the top thirty new import products in the Japan at this time. A small manufacturer located in upstate New York, AmeriBag has grown in a challenging economic climate and is contributing in a very real way to the reduction of our trade deficit with Japan. Ameribag recently completed production prototypes for a new product directed toward the growing market of business women in both the U.S. and Japanese markets. This women's briefcase has been named the "Hillary Bag" by AmeriBag's Japanese clients in large measure because of the respect that Mrs. clinton commands in Japan. The recent rise of the Japanese woman in that culture is in large measure to such role models as Mrs. Clinton and the new Empress of Japan, both well educated and forward thinking inspirations for this new cultural movement. AmeriBag has been asked by its Japanese clients to present the original "Hillary Bag" to the First Lady. This show of good will and mutual exchange would be a fine example of American ingenuity and products being exported to Japan. I hope you will consider making this opportunity available to Mrs. Clinton, or in providing some indication of her support and interest in this endeavor. I look forward to hearing from you in this regard and thank you in advance for your assistance. Sincerely, Mansus they MAURICE D. HINCHEY Member of Congress MDH/AL PRINTED on NCYCLE PAPER 891' Business 'Hillary' bag heads for Japan Kingston firm sends its creation to nation's First Lady By CYNTHIA WERTHAMER Correspondent KINGSTON - The Japanese market is ready for Ameribag's latest areation. the "Hillary" bag and to is the First Lady, says U.S. Rep Maurice Hinchey. Hinchey, D-Saugerties, received the black leather bag from Irwin Gaffin Ameribus president, and Margery Gaffin. vice president, with the promise that he would deliver it to Hillary Rodham Clin- ton. J think she'll like It very much," be told the Gaffins at the presenta. tion Friday. "She has a definite sense of style, and she will ap- preciste It even more because of her interest in promoting American business and small business in par ticular." The large square handbag-outn- Pressure - by - Medden briefcase is designed w be carried Ameribag owners Mar ary and Irwin Geffin show U.S. Rep. over the shoulder on short strape Maurice Hinchey the "Hillary" bag. that case tension on the back, caid Margery Gaffin It was dealgned by sensible, . role model for career said. a design team that included the women," Giuliano said. "He looked But there's . difference: to the Gaffins at me and said, "Hillary!" States, the small "Margery" bag It is also designed to fill a niche The "Hillary" bag will be mar- sells for $130, the medium for $180. in the Japanese market created by keted in upecale Japanese cataloga In Japan, the same bags sell for the success of the Kingston firm's in the spring, with retail merchan- $280 and 8320 respectively. first export, the "Margery" beg, dising to follow, Gluliano said. While no appointment has which is selling well in Japanese The Japanese market garnered net for the White House presenta- catalogs, said Louise Giuliano, 60 percent of all Ameribag sales tion, Hinchey said he was certain president of U8 Export in Albany. last year, Margery Caffin said. the First Lady would accept the bag The Healthy Back Bag was Some 10,000 of the "Margery" bags - and use K. difficult to say in Japanese," were sold through catalogs. It is her style," be said. 9 po- laughed Gluliano, who markets "Japan is an anormous market Licod last time I was with her, abe Ameribag's products tn Japan. The ripe for American products," was carrying a good-sized black Japanese like the fact that it! to Hinchey said. "Evan without the bag. an overthe-shoulder briefcase. ergonomic, and that It to American, General Agreement on Tariffe and "She also recognises the respon- with A prestigious symbol on the Trade, the Japanese markets are sibility of being a role model" front" opening up in an excellent way Noting the "Ingenious" Inside The newest bag's name came and businessss like Ameribas are pockets of the "Hillary" bag, which from R Japanese businessman who in a position to take advantage of are designed to carry everything met with Gluliano as part of a 16.0 from pencils to computer diaks, be marketing team that tried to hone The Norm Thompson catalog, added, "This is a great example of La - A NAME that would larget One here at homa, also carries the the kind of impact small business Japanese market. "Margery" bag. which has been can have, by boing very creative "We wanted to a represent a ranked Its first and third best and sssing aboad to the world THE WHITE HOUSE WASHINGTON DATE: 1-3-94 TO: Maggie Williams Tharven Krislov FROM: White House Counsel Room 128, OEOB, x7900 FYI Appropriate Action Let's Discuss Per Our Conversation Per Your Request Please Return Other \ VIAL, HAMILTON, KOCH & KNOX File Representation A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AND COUNSELORS 1717 MAIN STREET SUITE 4400 DALLAS, TEXAS 75201 TELEPHONE: (214) 712-4400 JAMES A. PIKL, P.C. (214) 712-4578 D/FW METRO TEL.: 988-7375 FAX: (214) 712-4402 17 December 1993 Mr. Marvin Krislov Special Counsel to the President The White House Washington, DC 20500 Re: Your letter of 8 December 1993 Dear Mr. Krislov: Our firm represents Sports Supports, Inc. In that capacity, we have been forwarded your letter of 8 December 1993 and its attachments. A copy of your letter and those attachments is attached to this letter for your ease of reference. We have reviewed both the advertisement for the Hillary Health Care Line you enclosed with your letter, and the Better Business Bureau, Inc. and White House memoranda concerning uses of the names or likenesses of the President, First Lady, etc. We also reviewed 18 U.S.C. § 713 and Executive Order 11649 concerning proposed uses of the seal of the President of the United States, although that statute and order appear to be inapplicable to our present discussion. Our client is somewhat at a loss regarding your letter and its allegations that the client's advertisement somehow "violates" any of the policies or rules referred to above. It is difficult to believe that the mere use of the name "Hillary" is somehow automatically attached to the First Lady. We find it very unlikely that your office is sending similar letters to every company or advertiser in the United States who use the name "Bill" in any of their marketing or advertising materials. Granted, the name Hillary is somewhat less common than the name Bill, but that fact alone seems to us less than sufficient cause for your allegations and demands. If we are overlooking the basis for your complaints and demands, we would certainly appreciate further response from your office pointing out to us how, exactly, our client's advertisement is in any way contrary to the policies and other materials you forwarded to our client in this matter. Mr. Marvin Krislov 17 December 1993 Page 2 Unless and until we hear from you differently, we will assume your office is withdrawing its allegations and demands made in your letter of 8 December 1993, and we will proceed accordingly. Thank you for your time and attention to this matter. Very, truly yours, James A. Pikl JAP/wc Enclosures THE WHITE HOUSE WASHINGTON MEMORANDUM FOR WHITE HOUSE AND EXECUTIVE BRANCH STAFF FROM: Francis Thomas Sobol Special Counsel To The President SUBJECT: Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal Background The President receives many requests from individuals, businesses. educational institutions, and others to use his name, likeness (pictures or video tape), activities, or words to promote a variety of endeavors. Businesses, individuals. and communities often propose 10 use pictures or references to the President's visits or words to promote their products. services. or potential. Various companies desire to use a likeness of the President, the First Family. the White House or the create a linkage (intentionally or otherwise) between their products or services and the President. Presidential Seal to capture the attention of the public for their advertising and In the process White House Policy Against Commercial Entanglements for the President The White House's long-standing policy is to refuse permission to use the name, likeness, words, activities of the President. his family, or the White House itself, In advertising or commercial promotions or In any way that suggests a connection between the President, his family, or the White House. and the advertising or promotion, notwithstanding the merits or reasons that accompany the request. The Vice President also subscribes to this policy and Its implementing procedures. Exceptions to the Policy The reproduction of the likeness. words. or activities of the President, his family, the White House, or the Presidential Seal In educational materials or presentations may be allowed by the White House on a case by case basis. The test for approval is whether the use avoids creating an Impression of à Presidential endorsement or approval of a commercial product. service. or enterprise. In addition, permission may be granted to use the President's likeness or that of the White House In fund raising activities conducted under Government auspices or Involving a worthwhile charitable or philanthropic endeavor after $ case by case review of the merits of the request. Procedure for Policy Enforcement Prior written approval must be obtained from the Counsel to the President for all non-White House of the likeness, name, words, or activities of the President, his family. or the White House Itself. uses The same policy applies to proposed uses of the Presidential Seal: however, uses of the Seal are also governed by Federal law as codified at 18 U.S.C. 1 713. Violations of these policies will lead to appropriate legal action by the Office of the Counsel to the President. All requests should be In writing and sent to the Office of the Counsel to the President. the White House, Washington. DC 20500. April 13. 1993 THE WHITE HOUSE WASHINGTON December 8, 1993 Chief Executive Officer Hillary Health Care 400 Union Bower Court Suite 410 Irving, TX 75061 VIA FACSIMILE and U.S. MAIL RE: Unauthorized Use of the First Lady's Name and Image for Commercial Advertising Dear Sir or Madam: The attached advertisement was sent to our office in a complaint about the unauthorized use of the First Lady's name and image to promote a commercial product or service. This advertisement violates a long-standing White House policy against use of the President or First Lady's name to suggest an endorsement or approval of a product or service, regardless of its merits. Your advertising creates the false and misleading impression that the First Lady endorses your health care products. Moreover, the advertising erroneously suggests that she has a financial interest in your line of products. Enclosed for your information is a copy of the White House policy as well as guidelines developed by the Council of Better Business Bureaus. We therefore demand that you immediately cease and desist engaging in this false and misleading advertising. Thank you for your prompt attention to this matter. Sincerely, Maw Kiod Marvin Krislov Special Counsel to the President Attachment Knee Supports 1111 H.12 H-10 H.12 H.14 Elbow & Wrist Supports H.16 H.19 H.20 11.18 Ankle, Thigh & Back Supports II.21 H-17 H-18 H-22 & H.28 Keep Your Customer's Health Care Cost Down With The New Hillary Health Care Line Our new line of the 14 must frequently prescribed rubber and elastic support products offers American materials and quality workmanship at affordable prices. To learn more about Hillary Health Care Products, or to order direct call HC HC Hillary Health Care The Hillary Health Care Line is made by The Choice of Physicians. Therapiste, Trainers and Achletes. Visit us at NHHCE Bouth #2856 More Information? Circle 149 on reply card. THE WHITE HOUSE WASHINGTON Historical summary of White House policy concerning the use of the President's name or likeness based on the Council of Better Business Bureaus' "De's and Don'ts In Advertising Cooy" General Section 2, November, 1984. USE OF THE NAME OR LIKENESS OF THE PRESIDENT OF THE UNITED STATES Use of the President's Name This procedure must also be followed in connection with or Likeness similar advertisements proposing to make use of the 236 President Reegon is adhering 10 I longstanding polt name or likeness of the Twit Lady, (See Now 2.394 and of of refusing permission to use the name or likeness of 16415.) the President of the United States, or of the First Lady. For additional guidence, contact the Office of the In advertising or commercial promotion in any way that Counsel 10 the President the White House, Washing. suggests a connection between the President or First ton. D.C. 20500, telephone (202) 456-1414. Lady and such advertising or promotion, notwithstand- Ing the merits or ressons that accompany the request Use of the Presidential Seal The reproduction of the President's or First Lady's h is not permissible 10 VH the Seal of the President of 236a name or likeness for sale as such, or inclusion In an edu. the United States In advertising copy. The Presidential cational game, book, collection of portraits and/or Seal may be used only as authorised by Federal statute blographics shall not be considered advertising or pro- or by the Counsel to the President 18 U.S.C. 713 and motion if there is no indication or suggestion of endorse. Executive Order No. 11649 (1972). ment or approval by the President or First Lady of I commercial product service or enterprise. Use of the Vice President's Name The Counsel to the President has advised the Council or Likeness of Better Business Bureaus, Inc. (CBBB) that exceptions Counsel 10 Vice President Bush has informed the 236b to this rule, which has been adhered to by all Presidents, Council of Better Business Bureaus that the Vice Prest can be granted only after a request in writing has been dent and his family would ask that their asses and submilled to and approved by the Counsel to the Pres likenesses not be used for advertising commercial enter. ideal prises The Yike President has edopted esacuy the seore The policy applies with equal force to the use of the policy on VH of his or his family name or Meness as parae or likeness of the President or of the First Lady, maintained by the President. for any promotion or similar publicity purposes. The on ly Instances where permission has been granted have Office of the Connsel been is connection wich fund-raising compaigns spon. to the President sored by the Federal Covernment or conducted under Following is a statement on references to the White government susples, such as these of the American No. House in advertising provided by the Office of the Coun. tional Red Cross. Even to such organizations, no overall sel to the President November 1984. permission is granted. Each Individual case must be brought to the attention of the White House for sp REFERENCES TO THE WHITE HOUSE proval and such exceptional cases could be considered IN ADVERTISING only on their Individual merita Exception may also be made with respect to adver- Neither the name nor the photograph or likeness of ilsements promoting books or articles about the Prest the White House should be used is advertising in any dent suthored by him or redio-TV programs featuring way that would suggest an endorsement or approval. If him, but only is such advertisements are submitted to asked. the Counsel to the President would decline to the Counsel 10 the President for approval is advance. give authorization for such use. For additional guidence. contact the Office of the Coupsel to the President, the White House. Washing. 100, D.C. 20500; telephone 456-1414. November 1984 De's and Doar in Advertulag Copy Capyright 1984, Cover of Better Business Bureaue, loc (Most recent update: Feb/Mar-1993 AUG 11 '93 03:40PM CLARITY COVERDALE RUEFF Clarity Coverdale New Rueff File August 11, 1993 Francis Thomas Sobol Special Counsel to the President Office of the Counsel to the President The White House Washington D.C. Dear Mr. Sobol: I have received your August 11 letter regarding the "use of the First Lady's picture" along with copies of the Policy Guidelines on Non-White House Uses. We were not aware of these policies and I appreciate you sending them to us. Our agency and our client are not using and will not use the advertisement you attached in your letter. We will certainly comply with your request to "cease and desist all unauthorized uses of the First Lady" and will follow your guidelines in the future. Sincerely, Now Charoch Kevin Horrocks V.P./ Director of Client Services Clarity Coverdale Rueff Advertising, Inc., 415 First Avenue North, Minneapolis, MN 55401/(612) 339-3902 AUG 11 '93 03:40PM CLARITY COVERDALE Clarity P.1 Coverdale Rueff FACSIMILE MESSAGE COVER SHEET FROM: CLARITY COVERDALE RUEFF 415 First Avenue North, Suite 400 Minneapolis, Minnesota 55401 Main Phone Number: (612)339-3902 FAX Phone Number: (612)339-7358 DATE: 8/11/93 TIME: Please deliver the following page(s) to FAX number: (208) 456-1647 TO: Frank Sobol FROM: Kevin Horrocks (Diane Middleton) Total number of pages including this cover letter is: 2 If (612)339-3902. you do not receive any of the following pages, please call our agency at ADDITIONAL COMMENTS: Clarity Coverdale Rueff Advertising, Inc., 415 First Avenue North, Minneapolis, MN 55401/(612) 339-3902 New THE WHITE HOUSE 2 WASHINGTON Copy of lts. sent to an August 2, 1993 advertising CO. re: use of 1st Lady Druge for adrentising Pur Poses TO: Frank Sobol, Office of White House Counsel Pam Bamett FROM: Pam Barnett, Executive Assistant to the First Lady I am attaching an article from a recent edition of Adweek magazine that appears to represent Mrs. Clinton or has an actual picture of Mrs. Clinton. Maggie Williams asked that I pass it on to you. Can we do anything about this? CC: Maggie Williams 8/11/93 Pam + Maggie - I Land The attached today Thank THE WHITE HOUSE WASHINGTON August 11, 1993 Ms. Diane Middleton Office Manager Clarity Coverdale Rueff Advertising Minneapolis, Minnesota FACSIMILE: 612-339-7358 RE: Unauthorized Use of the First Lady's Image for Commercial Advertising Dear Ms. Middleton: The attached advertisement for your client, Northwestern National Life, was sent to the Counsel to the President in a complaint about the use of the First Lady's picture to promote your client's service. Bernard W. Nussbaum, Counsel to the President, asked me to review with you the White House's long-standing policy that prohibits the use of the White House or images, words, or activities of the President, the First Family, or the Vice President in commercial advertising. Specifically, the use of the First Lady's name or image is not permitted where such use states or implies an endorsement or other linkage between her and a commercial product or service. I have enclosed with this letter a copy of the White House policy on this matter and a summary of the Council of Better Business Bureaus' "Do's and Don'ts in Advertising Copy," which has provided similar advice to advertising copywriters for more than a decade. Your advertising copy for Northwestern National Life violates this long-standing White House policy in a number of respects. First, neither your firm nor Northwestern National Life has received prior written permission from the Counsel to the President to use the image of the First Lady for advertising purposes. Second, the advertising copy presents Mrs. Clinton in a context that demeans her role as First Lady and the seriousness of the health care issues with which she is associated. -2- The purpose of this letter is to request that the your firm and Northwestern National Life cease and desist all unauthorized uses of the First Lady in your advertising endeavors. I expect that your firm and Northwestern National Life will honor this policy without requiring the White House to take further legal action. However, if it becomes necessary, the Office of the Counsel to the President will seek to enforce the policy through all appropriate legal procedures. Sincerely, Irancis Thomas sabal Francis Thomas Sobol Special Counsel to the President Office of the Counsel to the President CC: B. Nussbaum, Counsel to the President 612-555-1212 ADWEEK/July 5, 1993 6 339-3902 BEYOND COOKIES Yes, It Takes a Lot of Crust to Mess With Hillary Clinton M aybe Hillary Rodham Clinton doesn't care to stay home and bake cookies, but that hasn't stopped Northwestern National Life from suggesting she's eager to serve baked goods in her own special way. The photo serves as cover teaser for a multi-page mailer introducing Northwestern National's current print campaign, created by Minne- apolis-based Clarity Coverdale Rueff and aimed at corporate benefit managers. WHAT DO YOU SUPPOSE THE GOVERNMENT IS GOING TO THROW AT YOU NEXT? Taking time out from her formulation of health-care reform to throw out the first pie. THE WHITE HOUSE WASHINGTON MEMORANDUM FOR WHITE HOUSE AND EXECUTIVE BRANCH STAFF FROM: Francis Thomas Sobol Special Counsel To The President SUBJECT: Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal Background The President receives many requests from individuals, businesses, educational institutions, and others to use his name, likeness (pictures or video tape), activities, or words to promote a variety of endeavors. Businesses, individuals, and communities often propose to use pictures or references to the President's visits or words to promote their products, services, or potential. Various companies desire to use a likeness of the President, the First Family, the White House or the Presidential Seal to capture the attention of the public for their advertising and in the process create a linkage (intentionally or otherwise) between their products or services and the President. White House Policy Against Commercial Entanglements for the President The White House's long-standing policy is to refuse permission to use the name, likeness, words, or activities of the President, his family, or the White House itself, in advertising or commercial promotions in any way that suggests a connection between the President, his family, or the White House, and the advertising or promotion, notwithstanding the merits or reasons that accompany the request. The Vice President also subscribes to this policy and its implementing procedures. Exceptions to the Policy The reproduction of the likeness, words, or activities of the President, his family, the White House, or the Presidential Seal in educational materials or presentations may be allowed by the White House on a case by case basis. The test for approval is whether the use avoids creating an impression of a Presidential endorsement or approval of a commercial product, service, or enterprise. In addition, permission may be granted to use the President's likeness or that of the White House in fund raising activities conducted under Government auspices or involving a worthwhile charitable or philanthropic endeavor after a case by case review of the merits of the request. Procedure for Policy Enforcement Prior written approval must be obtained from the Counsel to the President for all non-White House uses of the likeness, name, words, or activities of the President, his family, or the White House itself. The same policy applies to proposed uses of the Presidential Seal; however, uses of the Seal are also governed by Federal law as codified at 18 U.S.C. § 713. Violations of these policies will lead to appropriate legal action by the Office of the Counsel to the President. All requests should be in writing and sent to the Office of the Counsel to the President, the White House, Washington, DC 20500. April 13, 1993 THE WHITE HOUSE WASHINGTON Historical summary of White House policy concerning the use of the President's name or likeness based on the Council of Better Business Bureaus' "Do's and Don'ts in Advertising Copy," General Section 2, November, 1984. USE OF THE NAME OR LIKENESS OF THE PRESIDENT OF THE UNITED STATES Use of the President's Name This procedure must also be followed in connection with or Likeness similar advertisements proposing to make use of the 236 President Reagan is adhering to a long-standing poli- name or likeness of the First Lady. (See also 2-394 and cy of refusing permission to use the name or likeness of 16-415.) the President of the United States, or of the First Lady, For additional guidance, contact the Office of the in advertising or commercial promotion in any way that Counsel to the President, the White House, Washing. suggests a connection between the President or First ton, D.C. 20500; telephone (202) 456-1414. Lady and such advertising or promotion, notwithstand- ing the merits or reasons that accompany the request. Use of the Presidential Seal The reproduction of the President's or First Lady's It is not permissible to use the Seal of the President of 236a name or likeness for sale as such, or inclusion in an edu- the United States in advertising copy. The Presidential cational game, book, collection of portraits and/or Seal may be used only as authorized by Federal statute biographies shall not be considered advertising or pro- or by the Counsel to the President. 18 U.S.C. I 713 and motion if there is no indication or suggestion of endorse- Executive Order No. 11649 (1972). ment or approval by the President or First Lady of a commercial product, service or enterprise. Use of the Vice President's Name The Counsel to the President has advised the Council or Likeness of Better Business Bureaus, Inc. (CBBB) that exceptions Counsel to Vice President Bush has informed the 236b to this rule, which has been adhered to by all Presidents, Council of Better Business Bureaus that the Vice Presi- can be granted only after I request in writing has been dent and his family would ask that their names and submitted to and approved by the Counsel to the Pres- likenesses not be used for advertising commercial enter- ident. prises. The Vice President has adopted exactly the same The policy applies with equal force to the use of the policy on use of his or his family name or likeness as name or likeness of the President, or of the First Lady, maintained by the President. for any promotion or similar publicity purposes. The on- ly instances where permission has been granted have Office of the Counsel been in connection with fund-raising campaigns spon- to the President sored by the Federal Government, or conducted under Following is a statement on references to the White government auspices, such as those of the American Na. House in advertising provided by the Office of the Coun- tional Red Cross. Even to such organizations, no overall sel to the President November 1984. permission is granted. Each individual case must be brought to the attention of the White House for ap- REFERENCES TO THE WHITE HOUSE proval and such exceptional cases could be considered IN ADVERTISING only on their individual merits. Exception may also be made with respect to adver. Neither the name nor the photograph or likeness of tisements promoting books or articles about the Presi- the White House should be used in advertising in any dent authored by him or radio-TV programs featuring way that would suggest an endorsement or approval. If him, but only if such advertisements are submitted to asked, the Counsel to the President would decline to the Counsel to the President for approval in advance. give authorization for such use. For additional guidance, contact the Office of the Counsel to the President, the White House, Washing. ton, D.C. 20500; telephone (202) 456-1414. November 1984 Do's and Don'ts in Advertising Copy Copyright 1984, Council of Better Business Bureaus, loc (Most recent update: Feb/Mar-1993 The White House THE COUNSEL'S OFFICE FACSIMILE TRANSMISSION COVER SHEET TO: Diane middleton of Clainty Coverdale Rufff FAX NUMBER: 612-339-7358 TELEPHONE NUMBER: FROM: FRANK SOBOL TELEPHONE NUMBER: 202-456-7901 PAGES (INCLUDING COVER): 6 COMMENTS: Lagal THE WHITE HOUSE WASHINGTON September 20, 1994 South Florida Subscriber Services P.O. Box 2051 Marion, Ohio 43305 To Whom It May Concern: Margaret Williams has asked me to inform you that she has not ordered, nor has authorized anyone to order on her behalf, a subscription to South Florida. Accordingly, please immediately cease sending her copies of your magazine and do not bill her for any previously sent copies. A copy of the invoice is enclosed for your reference. Thank you for your prompt attention to this matter. Sincerely, ma Kush Marvin Krislov Assistant Counsel to the President Enclosure SF692 SouthFlorida TM THE MAGAZINE SOUTH FLORIDA LIVES BY Welcome to SOUTH FLORIDA! Your first issue of SOUTH FLORIDA magazine is on it's way (or you may already have it). I know you're anxious to take a look at it. Because your first issue, and each one to follow, can be the key to many of the great experiences happening only in South Florida. Your town. Our magazine. SOUTH FLORIDA magazine is the guide to Miami's pulsating nightlife. To Fort Lauderdale's showcase galleries along Las Olas Boulevard. To Palm Beach's finest hotels and beaches. And shopping galore tri-county style! Looking for a place to dine? Open up to our Dining Guide for a listing of some of the finest restau- rants in your neighborhood. Or if you're in the mood for cool evening breezes while you dine, hop into your car and check out Miami Beach's Ocean Drive; or Fort Lauderdale's best along the Inter- coastal Waterway. 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Box 019068 Miami, Florida 33101 THE WHITE HOUSE WASHINGTON File legal DATE: 12/1/94 TO: Marge Tarmey Marvin Krislov FROM: White House Counsel Room 128, OEOB, x7900 X FYI / FILES Appropriate Action Let's Discuss Per Our Conversation Per Your Request Please Return Other \ THE WHITE HOUSE WASHINGTON November 30, 1994 Ms. Laura McWilliams Teacher's Discovery 2741 Paldan Auburn Hills, MI 48326 Dear Ms. McWilliams: The White House Counsel's office has received your request for an open letter from the First Lady and the use of her photo as a cover for the next Teacher's Discovery catalog. Long- standing White House policy discourages members of the First Family, including the First Lady, from endorsing a commercial product or service, regardless of its merits. We, therefore, cannot grant you permission for use of the photo or a letter from the First Lady. I am enclosing the most recent guidelines by the Council of Better Bureaus' "Use of the Name or Likeness of the President of the United States," as well as, "Policy Guidance on Non-White House Uses of the President's and First Lady's Likeness, Words, or Activities as well as Images of the White House and the Presidential Seal." We appreciate your wanting to use the First Lady's photo and do hope the enclosed materials will be helpful. Thank you for your cooperation in this matter. Sincerely, Man Kriolar Marvin Krislov Assistant Counsel to the President Enclosures DISCHERS DISCOVER A Division of American Eagle Co., Inc. 2741 Paldan Auburn Hills, MI 48326 November 8, 1994 Ms. Margaret Williams The White House Rm. 100 Old Executive Office Bldg. Washington, D.C. 20500 Dear Ms. Williams, Teacher's Discovery has been providing foreign language teachers with fun and inovative material for their classrooms for many years. We feel these teachers need all the help and encouragement they can get. An open letter from Mrs. Clinton to all foreign language teachers congratulating and encouraging them on their important work would mean something special to them. This letter would be featured in our next catalog which is mailed to every foreign language teacher in the country. We would also like to request a photo of Mrs. Clinton to accompany the letter and perhaps be used on the cover. We look forward to your favorable response. Sincerely, Laura McWilliams Teacher's Discovery /1m (810) 340-7210 TOLL FREE 1-800-521-3897 Fax: (810)340-7212