Congress passed a law imposing a 50% excise tax on each pack…
Congress passed a law imposing a 50% excise tax on each pack of cigarettes manufactured for sale in the United States. An amendment was successfully added to the original bill requiring that all proceeds from the tax be used for antismoking advertisements. The amendment included severability language (indicating that if the amendment were stricken for some reason, the remainder of the law should stand). The various tobacco companies were required to pay the tax directly to the federal government. A tobacco company filed suit in the appropriate federal court, contending that the tax should be struck down as a violation of the freedom of speech protected by the First Amendment. Is the court likely to find the tax constitutional?