R.J. Reynolds Tobacco Co. v. Food & Drug Administration

The threshold question in this government appeal is whether the district court applied the correct level of scrutiny in addressing the tobacco companies’ First Amendment challenge to the requirement that they disclose the negative health consequences of smoking on cigarette packages and other advertisements.1 The speech at issue — proposing the sale of cigarettes — is indisputably commercial speech. Consequently, contrary to the district court’s application of strict scrutiny, the question is whether, under the traditional standards adopted by the Supreme Court, the government’s warning label…