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U.S. Court of Appeals for the 9th Circuit

Aug. 14, 2009

Philip Morris Says Cigarette-Sale Ban Violates Its Free Speech Rights

Using a novel legal argument, Philip Morris USA said the city of San Francisco violated the tobacco giant's free speech rights when it banned cigarette sales in drug stores, so a preliminary injunction blocking the ban should be upheld.

By Dhyana Levey
Daily Journal Staff Writer

SAN FRANCISCO - Using a novel legal argument, Philip Morris USA said the city of San Francisco violated the tobacco giant's free speech rights when it banned cigarette sales in drug stores, so a preliminary injunction blocking the ban should be upheld.

But Chief Judge Alex Kozinski of the 9th Circuit Court of Appeals asked the company's attorney at a hearing Wednesday: If that's the case, then how do you ...

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