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6 Nw. Interdisc. L. Rev. 21 (2013)
Smoke and Mirrors: First Amendment Protection of Commercial Speech and the FDA's New Graphic Warning Labels for Tobacco

handle is hein.journals/nwilr6 and id is 29 raw text is: SMOKE AND MIRRORS:
David D. Coyle*
In response to harms caused to public health by tobacco
consumption, Congress passed the Family Smoking
Prevention and Control Act. This act required graphic
warning labels be put on tobacco products and
advertisements to accompany the already existing
textual warnings. Several tobacco companies challenged
the graphic warning label requirement as a First
Amendment violation of their commercial speech rights.
The Sixth Circuit in Discount Tobacco City & Lottery,
Inc. v. United States upheld the graphic warning label
requirement, while the D.C. Circuit in R.J. Reynolds
Tobacco Co. v. FDA struck down the warnings as
violations of the First Amendment. This Article explores
the graphic warning labels in the context of the Supreme
Court's commercial speech and First Amendment
precedents. It questions the current commercial speech
framework embodied    by  the tests established  in
Zauderer v. Office of Disciplinary Counsel of Supreme
Court and Central Hudson Gas & Electric Corp. v.
Public Service Commission. It ultimately suggests a new
framework    better  suited  to  bolster  the  First
Amendment's fundamental interest in the free flow of
truthful information. It then goes on to contribute to the
body  of law   and academic literature addressing
commercial speech by arguing that the graphic warning
labels should be upheld not only under Zauderer and
Central Hudson, but also under the improved framework
developed in this Article.
* David D. Coyle grew up in Minneapolis, MN. He holds a bachelor's degree in
Sociology from Occidental College and a master's degree in Applied Economics from the
University of Minnesota. He will graduate from Emory Law School with a J.D. in 2014.

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