Blog #6: Key Post - "Thank You for Smoking" Reflection

 Vice Advertising and the First Amendment Overview

Commercial speech has been somewhat protected by the First Amendment since Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council in 1976 . However, it was not until 1980 in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York gave protection to vice advertising including legal products like alcohol, tobacco, gambling, and marijuana (in some states). 

A great movie that displays a vice advertising case is Thank You for Smoking (2005). This movie focuses on Nick Naylor, a tobacco lobbyist, who has to manage many public relations battles throughout the movie.  Some key battles Naylor faces are a court hearing about labels on cigarette packs, an affair with a popular journalist, and a physical encounter with anti-smoking activists. 

Throughout this movie, Naylor strategically his First Amendment rights to face these battles. One of Naylor's popular quotes is, "Well, if it's your job to be right, then you're never wrong." Naylor often uses puffery by avoiding talking about facts and instead arguing that smoking cigarettes is freedom of choice. He argues that if cigarettes are not sold, people lose their freedom of choice. This is an example of how this movie avoids claim-based advertising by portraying smoking as personal choice. Claim-based advertising requires substantiation, but this movie relies on claim-free advertising, which does not require scientific evidence. 

Naylor vs. Senator Finistirre - Cigarette Warning Labels

In the movie, Senator Finistirre argues that all cigarette packages need to have "POISON" and a skull with crossbones portrayed large on the packaging. This is an example of clear and conspicuous disclosures. Finistirre wants prominence with a large warning label, presentation with an easy to understand photo, placement by ensuring it is on the front of the packaging, and proximity by placing it with the health warnings. 

Nick Naylor avoids crossing False. Deceptive. Illegal (F.D.I.) territory to ensure his claims are legal. In the court hearing with Senator Finistirre, Naylor never states that the health claims regarding cigarettes are false, but instead redirects the conversation to other popular things in the United States that also raise health concerns, like foods high in cholesterol. Once they told Naylor to strictly talk about cigarettes, he shifts the conversation by focusing on how parents and educators are responsible for teaching children of dangers in the world. 

While Naylor may be using legal tactics to fight his battles, I would argue that his tactics are not morally right. He often targets vulnerable audiences and resists transparency. I do agree that warning labels on cigarette packs are not the most effective method to stray people away from smoking, but I do believe that that tobacco companies still need to be transparent with consumers through their advertising.

Overall Reflection of Vice Advertising in Thank You for Smoking

In the United States today, tobacco, alcohol, nicotine, and cannabis are legal substances, in most states, for those who are 21 years and older. n the movie, Nick Naylor argues that from a young age, children should be taught about the dangers of these substances by their parents and educators. While this is true, it is also important that companies selling these substances are intentional about their branding tactics. People need to be aware of the differences between "puffery" and "false advertising." 

This movie focuses on the tobacco industry and how arguments that may be completely legal can still be morally wrong. This is why it is important that people understand more than just advertising laws but also advertising ethics. As consumers, we are responsible for understanding the differences between claim-based advertising, claim-free lifestyle advertising, and branding. It is important to understand what advertising tactics the brands we purchase from are using and determining for ourselves if they are moral.