On August 24, 2012, the D.C. Circuit struck down regulations promulgated by the FDA under the Family Smoking Prevention and Tobacco Control Act (the “Act”), which would have required cigarette packages to bear one of nine graphic images depicting the negative health consequences of smoking.  Because the D.C. Circuit’s decision appears to be in conflict

Healing on the Streets (HOTS) recently went up against the ASA, a British self-regulatory advertising watchdog and lost, in a case that demonstrates the difference having a First Amendment makes. HOTS promoted a leaflet on its website that said:

“NEED HEALING? GOD CAN HEAL TODAY! Do you suffer from Back Pain, Arthritis, MS, Addiction …