The DealPlayersBackroom
First Amendment Right to Advertise

The Tobacco Industry has the first amendment right to advertise their product, although they voluntarily gave up the right to advertise on television years ago. In order to prevent advertising and its pull on young people, the attorneys general negotiated to provide some immunity to the industry. But the industry is taking a hard line at this point and will not voluntarily give up their advertising rights unless they get protection from potential bankruptcy.