Justice Breyer said the decision "opens a Pandora's Box of First Amendment challenges to many ordinary regulatory practices".
"At best," he wrote, "the court opens a Pandora's box of First Amendment challenges to many ordinary regulatory practices that may only incidentally affect a commercial message".
A pending case filed in July by the families of the three dead Americans does raise Fourth and Fifth Amendment challenges to the president's killings of their relatives.
But because smokeless tobacco and cigars are not covered by the cigarette labeling act, and because these industries had raised First Amendment challenges to the Massachusetts regulations, the court had to consider the constitutional issue as well.
DAVID Cameron decided to ride the tiger of populist anger today, more or less urging Conservative MPs to vote for an amendment challenging a ruling by the European Court of Human Rights (ECHR), in which the court's judges objected to Britain's blanket ban on voting by those serving prison sentences.Mr Cameron has a track record of being both bold and lucky as a politician.
It was thus all the more remarkable when the conservative and highly influential Republican Senator William Pitt Fessenden of Maine delivered a long speech supporting the amendment, challenging those representatives who grow "so sensitive the moment that you speak of employing negroes, the slaves of rebels, in the service of the country".
A decade ago, the Supreme Court issued two decisions rejecting Eighth Amendment challenges to California's three-strikes law, which had resulted in thousands of 25-years-to-life sentences for repeat offenders convicted of such crimes as — in the cases the court decided — shoplifting videotapes and golf clubs.
Courts in several other states are also considering First Amendment challenges to the enforcement efforts, and lawyers say that ultimately the United States Supreme Court will most likely be asked to decide the extent to which states can regulate the speech of judicial candidates.
Where other cases have found facial First Amendment challenges ripe for review, "either the activities in which the complainants wished to (or had) engaged or the enforcing authority's particular intent to enforce the statute, or both, were clear enough to show the adversarial posture assumed by the parties and the contours of their dispute".
