November 30, 2011   On Tuesday, the Obama administration appealed a U.S. judge’s ruling and injunction that blocked tobacco companies from having to display graphic images on cigarette packs and advertising. The appeal had been widely expected after U.S. District Judge Richard Leon sided with tobacco companies and granted a temporary injunction blocking the requirement earlier this month. He said companies would likely succeed in challenging the new graphic warnings as unconstitutional because it compels speech in violation of the First Amendment. He said they provoked an emotional response rather than just providing factual and non-controversial information, crossing the line into using company advertising for government advocacy. The administration appealed Leon’s ruling to the U.S. Court of Appeals for the District of Columbia Circuit and the case could ultimately end up before the U.S. Supreme Court.

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