280 online
 
Most Popular Choices
Share on Facebook 63 Printer Friendly Page More Sharing Summarizing
General News    H2'ed 7/1/11

Government May Be Violating Tobacco Companies' 1st Amendment Rights

By       (Page 1 of 3 pages)   5 comments
Author 45
Former Editor Admin

Walter Brasch
Message Walter Brasch
Become a Fan
  (52 fans)

 

A controversial Supreme Court decision less than two years ago could have the unintended consequence of significantly reducing the government's 46-year campaign against cigarettes.

 

In a 5--4 decision, largely along political lines, the Supreme Court ruled in Citizens United v. Federal Elections Commission (October 2009) that not only were parts of the Bipartisan Campaign Reform Act of 2002 (also known as the McCain--Feingold Campaign Reform Act) unconstitutional, but that corporations and political action committees enjoyed the same First Amendment rights as private citizens.

 

The government's anti-smoking campaigns, most of them the result of a combination of executive department and Congressional action, essentially have three major parts: anti-tobacco advertising and public service messages, warning labels on cigarette packs, and the outright ban on several forms of tobacco company advertising.

 

Government Advertising

 

Because the First Amendment applies only to governmental intrusion upon free expression, when the government creates advertising (whether TV ads or pamphlets), there can be no significant First Amendment issues. There may be some recourse, however small, in suits against use of taxpayer funds for political purposes, similar to the government's role during the George W. Bush administration in forcing anti-abortion education upon women and health clinics.

 

 

Labels

 

The anti-smoking campaign had begun with the 1964 Surgeon General's report that there was a strong correlation between smoking, lung cancer, and chronic bronchitis.. The following year, Congress passed the Cigarette Labeling and Advertising Act that required every cigarette pack to have a health warning: "Caution: Cigarette Smoking May be Hazardous to Your Health." The Public Health Cigarette Smoking Act of 1969,   taking effect two years later, strengthened the wording on cigarette labels to: "Warning: The Surgeon General Has Determined that Cigarette Smoking is Dangerous to Your Health."

 

Next Page  1  |  2  |  3

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Must Read 1   News 1   Valuable 1  
Rate It | View Ratings

Walter Brasch Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Walter Brasch is an award-winning journalist and professor of journalism emeritus. His current books are Before the First Snow: Stories from the Revolution , America's Unpatriotic Acts: The Federal Government's Violation of (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Twelve Angry White People: Jury Nullification in a Pennsylvania Coal Town

Baffled, Befuddled, and Bamboozled: Penn State Trustees and NCAA are Sinking

Truckin' to Treason: The Hot Air of Secession

Keystone XL, Through Transcanada, Uses Eminent Domain to Seize Texan's Land

Former OEN Managing Editor Files Lawsuit Against Philly Police, City. Charge: Constitutional Violations in Her Arrest

Rush to Judgment: Talk Radio's 'Truth Detector' Blows a Fuse--Again

To View Comments or Join the Conversation:

Tell A Friend