Cigarette Companies Challenge New Labels as Violative of First Amendment, Cite Sorrell v. IMS Health

August 17th, 2011

Keep an eye on this. The complaint is here.

It relies, unsurprisingly on Sorrell v. IMS Health to discuss how the State can regulate commercial speech. This quote, in particular may be of use:

But a State’s failure to persuade does not allow it to hamstring the opposition. The State may not burden the speech of others in order to tilt public debate in a preferred direction.

I’m just predicting Justice Breyer dissents on this case, should it make it to the Supreme Court.