Sometimes the Tobacco Companies are Right

Sometimes we can even be thankful for tobacco companies. On November 7th, Judge Richard Leon enjoined the FDA from enforcing new regulations which would force tobacco companies to emblazon their cigarette packages with graphic images depicting the worst ravages of diseases caused by smoking. While we are hardly fans of smoking tobacco or the companies which sell cigarettes, as my research assistant Daniel Schwartz and I write on this week, the tobacco companies were absolutely correct in their objections, and Judge Richard Leon’s decision represents an important reminder that the First Amendment guarantees us not only the right to speak, but also the right NOT to speak (and, in particular, the right not to parrot the government’s preferred point-of-view).

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