In other First Amendment news today, the liberal 9th Circuit Court of Appeals ruled that the following warning label on sugar-added drinks was in violation of the First Amendment.

"WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.  This is a message from the City and County of San Francisco."

"We conclude that the factual accuracy of the warning is, at a minimum, controversial" and "Moreover, the warning is “misleading and, in that sense, untrue.” 

"This message is deceptive in light of the current state of research on this issue.  According to the FDA, added sugars...are no more likely to cause weight gain..." 

"The American Dental Association has similarly cautioned against the “growing popularity of singling-out sugar-sweetened beverages.."

"Because the ordinance is not purely factual and uncontroversial and is unduly burdensome, it offends the Associations’ First Amendment rights by chilling protected commercial speech."