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Speak Out
Can the government force cigarette companies to run graphic warning labels?
By John Vettese, Student Voices staff writer
Usually when you hear about free speech violations, the issue involves individuals being prevented from expressing
themselves.
But it works the other way around, too.
Your right to free speech can be violated if you’re forced
to express yourself in a way you don’t want to. This fall, a U.S. District Court judge sided with a group of five tobacco companies in ruling that the Food and
Drug Administration violated their right to free speech by forcing
them to place graphic warning labels on cigarette packs.
In an attempt to curb smoking, Congress voted
in 2009 to have the FDA create new warning labels. On cigarette packs, they were
supposed to cover the top half of the box, front and back; in advertisements,
they were supposed to take up 20 percent of the ad space; and for both, they were
supposed to contain graphics displaying the consequences of smoking, from
rotting teeth to a man exhaling cigarette smoke through a hole in his throat,
to diseased lungs and dead bodies.
However, U.S. District Judge Richard Leon said in his ruling
that just because Congress ordered the labels, “doing so does not enable this
requirement to somehow automatically pass constitutional muster.”
Leon ruled that the FDA requirements “unconstitutionally
compel speech” and granted an injunction in the tobacco companies’ suit against
the FDA. Initially the companies were required to begin placing the graphic warning labels in
September of 2012; now, they hope the injunction will delay them until the
constitutionality of the requirement is determined.
What do you think?
Can the government force cigarette companies to run graphic
warning labels? Does the requirement violate their right to free speech? If you were on
the Supreme Court, how would you decide this case? Join the discussion!
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