The Obama administration and the Food and Drug Administration appealed an exasperating federal court ruling on the legality of graphic warning labels on cigarette packs.
The judge ruled that the warnings violated Big Tobacco’s First Amendment rights by (and I’m simplifying here) forcing them to publish warning labels to provoke an emotional reaction so people won’t buy their product. (It sounds wacky, but there is some legal precedent there — as part of the First Amendment, there are limits to how much you can make people say things they don’t want to say.).
What I don’t totally get is the logic that text warnings on cigarette packs DON’T violate the First Amendment, but graphic warnings DO.
So, while graphic warnings are being put in place around the world, in America they are on hold.
Anyway, this is going to the U.S. Circuit Court of Appeals, and will very likely end up before the U.S. Supreme Court. With the business-friendly “corporate personhood” court currently in power, I would bet money Big Tobacco wins. We need a couple of those old right-wingers on the court to retire, dammit! (Though they never will as long as Obama is president).