District Judge Richard Leon sided on Monday with tobacco companies and granted a temporary injunction, saying they would likely prevail in their lawsuit challenging the requirement as unconstitutional because it compels speech in violation of the First Amendment."
Leon wrote: "It is abundantly clear from viewing these images that the emotional response they were crafted to induce is calculated to provoke the viewer to quit, or never to start smoking – an objective wholly apart from disseminating purely factual and uncontroversial information."
The opinion and order staying enforcement of the Rule in R.J. Reynolds v. U.S. FDA is HERE.
Floyd Abrams and Prof. Steve Shiffrin debate the issue on NPR HERE
h/t Drug and Device Law Blog
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