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Debate over graphic cigarette labels

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    Federal court to weigh constitutionality of images

  • Duration 3:54
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This transcript is automatically generated

You've -- is disturbing commercials on TV warning smokers about the dangers of smoking look at warning anybody.

Now the FDA is calling -- graphic images like the ones on your screen to appear on packs of cigarettes.

With -- -- warning saying smoking can kill you.

And cigarettes cause cancer it's aiming to scare smokers but tobacco companies say it's really violating their rights -- it's not there is scarce smokers and stared -- protect people.

Judge ended a -- -- back with this jets' first thing's first are you smoker you know I wasn't any wind so I know we had to search for.

A pack of cigarettes to find out.

What's actually on them right now and so there's 1 morning a surgeon general's warning quitting smoking now greatly reduces serious -- your house.

-- -- why didn't cigarette packs have that warning on them right now what why is that.

Well one would think that the First Amendment.

Which which protects freedom of speech protects commercial speech.

And it does but the Supreme Court has carved out an exception to that protection.

And the government can insert itself into commercial speech as long as the insertion is truthful.

So the government can force cigarette manufacturers to say smoking can make you -- that's a truthful statement.

This goes farther this suggests that smoking will cause you to die -- the pictures of the autopsy or someone argued that that.

That is -- truthful statement to do.

Yes but the the graphic picture of that accompanies it.

Suggests that this is the likely result from smoking.

And when a federal judge asked the FDA to demonstrate the likelihood of this.

It couldn't do so with -- sufficient degree of probability.

That they can interfere with freedom of speech remember.

In order to interfere with the tobacco companies freedom of speech it's a very high bar for the -- -- reach.

And these pictures according to federal judge Leon whose opinion is now being appealed these -- pictures these pictures didn't meet that bar.

Well remember the presumption.

Is in favor of free speech meaning the government can't force you to disparage around -- While white but what in the sixth circuit the judge there and at and said this space with evidence that the current warnings in effectively convey the risks of tobacco use and that most people do not understand the full -- The -- new warnings are reasonably related to promoting greater public understanding of the Rex that's his opinion that's why he said let's send.

September of -- well we're gonna -- to.

-- on a pack of cigarettes that's why this case is before the Supreme Court now because the ruling from what you read.

Probably goes too far and if in case you're worried that as -- the anti smoking person that I am.

The government wants you to smoke.

Because the government collects over fifty billion dollars a year in taxes on tobacco products and it's already budgeted that money for the next three.

Why isn't the government doing that for other things as well we dissident big piece you know responding to this sixty minute special about sugar and how sugar can be terrible for you we also know that.

That some people feel that about salts and so.

Why don't we see is -- these same type of warnings.

I'm you know -- leaks aren't really salty wasn't.

-- -- -- -- just like the story we just did with with the grounds where we're at a watershed in our society now where we have to decide whether we wanna keep.

Being responsible for ourselves or put our safety and our health and our happiness in the hands of a bureaucrats.

I would prefer to take care of myself than put my safety and happiness in the hands of bureaucrats but society's gonna have to make that decision pretty soon.

Well put judge we're gonna continue to watch this case cigarettes are going -- where they came from by the way everybody can keep the months that.

Judge thank -- pleasure.

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