When Government Distorts the Truth

[Valin]

Ricochet:

Richard Epstein

9/4/12

 

(Snip)The past several weeks have given rise to two First Amendment cases of great interest, each of which involves the extent to which the state can seek to control the messages that ordinary people and firms deliver to the public at large.

 

The first of these isAmerican Freedom Defense Initiative (AFDI) v. Metropolitan Transportation Authority. There, the question was whether the MTA could, consistent with the First Amendment, block the AFDI, a pro-Israel organization, from enforcing its “no demeaning” standard with respect to highly charged religious advertisements that the AFDI wanted to post, such as this advertisement.

 

In another recent pair of cases, the issue was whether the grotesque images[/img] that the FDA has required tobacco companies to put on their packages violates the First Amendment rights of the tobacco companies.

 

(Snip)

 

Defining Ideas: When Government Distorts the Truth