Op-Ed: U.S. tobacco companies raise legitimate free speech issue

As Americans, we value many things and among those things that we cherish is the First Amendment, which guarantees us the right to free speech, along with other important freedoms.

That is why we are supporting a lawsuit filed by some of the nation's largest tobacco companies claiming that restrictions in federal law violate their freedom of speech.

Bowling Green-based Commonwealth Brands and other companies, including R.J. Reynolds, are challenging the Family Smoking Prevention and Tobacco Control Act, which prohibits tobacco companies from giving truthful information to adult customers.

The law, which passed in June, gives the FDA authority over tobacco for the first time and lets the agency reduce nicotine in tobacco products, ban candy flavorings and block labels such as "low tar" and "light."

It doesn't let the FDA ban nicotine or tobacco, but the agency will be able to regulate what goes into tobacco products, publicize those ingredients and prohibit certain marketing campaigns, especially ones geared toward children.

The tobacco companies are arguing that the act prohibits them from "conveying any speech through the use of color lettering, trademarks, logos, or any other imagery in most advertisements." ...

These tobacco companies have a valid argument.

Regardless of one's opinion on tobacco companies and smoking, these companies deserve to advertise to their adult customers. ...