The Family Smoking Prevention And Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act (â€Å"Act†) signed into law by President Barack Obama in 2009 does not violate the First Amendment in regards to tobacco product advertisements. The First Amendment to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. The protection of speech serves four core purposes: self-governance, truth (providing a marketplace of ideas), societal tolerance, and individual autonomy/self-expression. The protection provides free expression and exchange of ideas, including a right to speak and receive communications. Speech and expressive conduct is divided into two categories: content-based and content neutral. If the speech or conduct is conduct-based, the restriction is based on the content of speech and the impact on the listener. Conduct in this category receives the judicial review of strict scrutiny (the law must further a compelling governmental interest, and must be narrowly tailored to achieve that interest), unless the content is unprotected speech or occurs in special environments (i.e. television, etc.). If the speech is content-based, all speech or conduct is presumptively protected, unless the speech falls into a recognized category ofShow MoreRelatedTobacco s Effects On Our Population828 Words   |  4 Pageseffects of tobacco and the ramifications that comes with being a smoker. For decades, tobacco has caused various forms of cancer and health related issues. Since this has become an issue, coalitions and organizations are banding together to control this situation. 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