first amendment question?

Question

could fast food restaurants argue against the government banning their trans fat foods by claiming "freedom of expression"?
If not, what would they claim?

Answer 1

How could they say that using trans fat was a means of expressing any type of sentiment? Expression is speech, writing or non-verbal means of expressing something. Using trans fat does not express anything, it has no meaning, it is simply utilitarian. And, since the government has the right to take action to protect the health and well-being of the citizens, there is nothing they can claim.

Answer 2

I can't see how you could call that freedom of expression. If you want to argue a constitutional right to use trans fat, try the 9th or 10th amendments.

9th Amendment - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

10th Amendment - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Unfortunately the courts frequently forget about these two amendments and let the government stomp into areas the founding fathers never intended.

Answer 3

No. There is no constitutionally protected right to engage in any particular sort of commerce.

Further, states and localities may regulate things that the federal government may not.

There might be some novel claim by a restaurant that the meals served are works of culinary art, and that banning trans fats somehow limits what may be expressed in that art. I wouldn't bet on that claim succeeding, though.

Answer 4

They could, but its a weak argument. Selling food is not really considered "expression" as say, collecting money for candidates in political races. Its not about expression so much as freedom to create and sell a product that people want.

Answer 5

They could claim it and take it to court, but what good would it do? The government would tie them up in court for years, costing the restaurants millions of dollars----and that doesn't count the bad publicity. Easier to go along; and the government knows it.

Answer 6

That the government is controling their oppurtunity to control their profits and infringing apon their rights to free buissness a nd enterprise.

Answer 7

trans fat is nothing more than butter, I am surprised this is declared dangerous and cigarettes are still on the market.