Law, Business and Society 11th Edition by Tony McAdams

Exercise 28

The federal Food and Drug Administration (FDA) recently issued rules requiring, among other things, graphic antismoking warnings covering the top half of the front and back of cigarette packs. The warnings, in color, included, for example, images of a man exhaling cigarette smoke through a tracheotomy hole in his throat and a cloud of cigarette smoke surrounding a mother kissing her baby. Tobacco companies challenged the warnings as violations of their freedom of expression rights. One federal court of appeals upheld the constitutionality of the rules, but another struck them down. The FDA decided to rewrite its rules in an effort to resolve the First Amendment issues.
In your view, are the tobacco companies' speech rights violated by the government's warning requirements Explain.