The Rest of the Story

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.

It is perfectly reasonable for the government to intervene to prevent companies from making false or misleading claims to the public. Even severe infringement of free speech by corporations may be justified in the case of preventing the deception of consumers. However, there is little justification for prohibiting companies from telling consumers the truth, and there is no justification for suppressing the truth when those facts are the most pertinent information that the consumer needs to know in order to make an informed decision about using the product.

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