Since tobacco has become unpopular with the majority of Americans, the tobacco people have tried to identify themselves as a potentially persecuted minority. We all know that it is bad to take rights away from a group merely because they are in disfavor. The dismal history of the twentieth century in much of the world demonstrates how taking the rights away from one group often leads to widening circles of repression. But wait a minute. Let's get real.
Regulation of advertising is part of government's obligation to police the marketplace.
In regulating such speech, the government must be content neutral. The government cannot decide that one viewpoint or idea may be heard while another will be censored. Obviously, this principle does not apply to commercial speech. Government inquires into the truth of claims made in ads all the time and may ban those that are false. The First Amendment as we construe it today does not prohibit the state from insuring that the stream of commercial information flows cleanly as well as freely.