Capital Broadcasting Company v. Mitchell

*587J. SKELLY WRIGHT, Circuit Judge

(dissenting);

Cigarette smoking and the danger to health which it poses are among the most controversial and important issues before the American public today. Yet Congress, in passing the Public Health Cigarette Smoking Act of 1969,1 has suppressed the ventilation of these issues on the country’s most pervasive communication vehicle — the electronic media.2 Under the circumstances, in my judgment, no amount of attempted balancing of alleged compelling state interests against freedom of the press can save this Act from constitutional condemnation under the First…