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Rather they were crafted to evoke a strong emotional response calculated to provoke the viewer to quit or never start smoking. Leon also lit into Congress for failing to consider the First Amendment implications of this legislation. The images that made Big Tobacco gasp included a man holding a cigarette as smoke billows from a tracheotomy hole in his throat, a child breathing in second-hand smoke, blackened lungs and a corpse with an autopsy scar on its chest

Much like bans on smoking at gas stations, this is a considerable safety concern