Thank-you For Smoking (2005)
Updated: Jun 21, 2021
Summary
This American Satire film, that deals with protagonist Nick Naylor who lobbies for big tobacco in America. Working at the Academy of Tobacco Studies, Naylor and his entrusted co-workers look to twist and coerce the message and facts of nicotine addiction. Naylor throughout the film embarks on the journey of defending big Tobacco. Nick argues data, and medical facts that warn the American people and deter them from smoking. Nicks job relied on him to keep secrets and spin the truth about big tobacco from the American people. Naylor isn't the only person with an agenda in the film. Naylor has friends on the moderation council for alcohol as well, as S.A.F.E.T.Y. in regards to gun control. Naylor has the idea to put cigarettes back in movies, commercializing them and bringing in sex appeal. When the Senator of Vermont invites Naylor to congress to talk about the affects of smoking, and why the branding of crossbones and skull should be embossed on all cigarettes. Naylor goes to the congressional meeting to speak and is faced with the question. "what are you going to do when he turns 18?" The Senator referring to that of Mr.Naylor's son. He responds and says "if he really wants to that badly I'll buy him his first pack." It all comes down to the freedom of personal choice for Naylor. People know the risk and have been educated on the matter, and if they still decide to smoke they know the consequences.
Commercial Speech
The Supreme Court for many years proposed that speech, that proposes an economic transaction wasn't protected by the first amendment. This is where what we've learned comes into great use. In Virginia State Board of Pharmacy (1976) the stance changed. The court rid a law that would prohibit the advertising of prices for prescription drugs. Meanwhile falsified or misleading commercial speech could still be regulated. Naylor's commercial speech in the film never aimed the product of cigarettes at children. what he did do was deflect negative comments about his product, and bring negative facts up about other leading killers in the U.S. While Naylor can be perceived to be misleading, it is also imperative that the United States educational system educate its youth on the danger cigarettes impose.
In 1998 there was a master settlement agreement on tobacco. It involved 6 states and over 6 Tobacco based corporations such as, Brown & Williamson Tobacco Corp., Lorillard Tobacco, Philip Morris Companies Inc., R.J. Reynolds Tobacco Co., Commonwealth Tobacco and Liggett & Myers Tobacco Co. Tobacco companies can't be sponsored at concerts or arenas, they can't target big youth audiences, and can't use animated characters such as, Joe the Camel. Many believe if this act of settlement was not done voluntarily, and was done in form of legislation that it would be deemed unconstitutional. It would violate the first amendment.
When we look at commercial speech for specifically Tobacco companies. The ability to not only hide the negative facts, but the companies ability to promote its good side is key. Deceptive ad control, and deceptive promotion is important. Straying away from the negative, meanwhile promoting and making the small facts more appealing. This is why tobacco leaves the door open to be regulated.
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