A federal judge on Monday blocked implementation of a law that would have mandated tobacco companies include on cigarette packages graphic pictures and messages showing the dangers of smoking to this case poses a constitutional challenge to a bold new tact (sic) by the Congress and the FDA, in their obvious and continuing efforts to minimize, if not eradicate, tobacco use in the United States, concluded U.S. District Judge Richard J. Leon, who cited First Amendment rights against unconstitutionally compelled speech as a factor in his 29-page decision.
Not withstanding the potential legal and financial ramifications of this challenge for the Government, for reasons known only to itself, is unwilling to voluntarily stay the effective date of this Rule until the Judicial Branch can appropriately review the constitutionality of the Government's novel and costly to approach to regulating tobacco packaging and advertising.
The Court must and will act to preserve the status quo until it can evaluate on the merits (and without incurring irreparable harm to a companies genuinely affected), the constitutionality of the commercial speech that these graphic images compel, Leon wrote in his decision.
Not withstanding the potential legal and financial ramifications of this challenge for the Government, for reasons known only to itself, is unwilling to voluntarily stay the effective date of this Rule until the Judicial Branch can appropriately review the constitutionality of the Government's novel and costly to approach to regulating tobacco packaging and advertising.
The Court must and will act to preserve the status quo until it can evaluate on the merits (and without incurring irreparable harm to a companies genuinely affected), the constitutionality of the commercial speech that these graphic images compel, Leon wrote in his decision.
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