Federal judge finds graphic cigarette warnings unconstitutional

Not surprising since the same judge a few weeks ago slapped an injunction on these cigarette labels.

Washington Post story. New York Times story.

Judge Richard J. Leon ruled this week that graphic warnings on cigarette packs violate the First Amendment, because, essentially, they go too far in forcing tobacco companies to advertise something against their will that goes against their own self-interests (Basically, there is a judicial precedent that as part of the First Amendment you can’t be forced to say something you don’t want to say. The government can require written labels on cigarette packs, but graphic images go too far in provoking an emotional reaction against the tobacco companies’ own product, the judge ruled.)

“The government’s interest in advocating a message cannot and does not outweigh plaintiff’s First Amendment right to not be the government’s messenger,” Judge Leon wrote.

This is a bummer, but after the injunction, I wasn’t very optimistic. The Justice Department and Obama administration can appeal the decision (They’ve already appealed the injunction, which was imposed late last year. I guess that appeal is moot now). It would first go to a Circuit Court of Appeals, but I expect it would eventually go before the U.S. Supreme Court, and with the incredibly pro-corporate judges on the Supreme Court, I’m not optimistic this ruling would get overturned.

Again, a bummer. Most of the countries in the West require these graphic images on cigarette packs, but in the U.S., it appears the tobacco companies will squirm out of it. Unfortunately, for the moment, the First Amendment seems to be on the tobacco companies’ side.

 

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This entry was posted in Anti-tobacco campaign, Big Tobacco, cigarette advertising, cigarettes, Department of Justice, FDA, tobacco litigation, warning labels and tagged , , . Bookmark the permalink.

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