--- title: "Smoking in Films: MPAA Raises Speech Concerns in Battle" id: "34205" type: "post" slug: "smoking-in-films-mpaa-raises-speech-concerns-in-battle" published_at: "2016-07-21T01:05:33+00:00" modified_at: "2026-03-16T17:02:00+00:00" url: "https://associationsnow.com/2016/07/21/smoking-in-films-mpaa-raises-speech-concerns-in-battle/" markdown_url: "https://associationsnow.com/2016/07/21/smoking-in-films-mpaa-raises-speech-concerns-in-battle.md" excerpt: "Should MPAA ratings be considered a form of free speech? The association thinks so, and it's pushing forth that argument as it battles a lawsuit that aims to ban smoking in films that aren't rated R or NC-17." taxonomy_category: - "Ethics" taxonomy_post_tag: - "AssociationsNow" - "Business" - "film regulation" - "First Amendment" - "Media" - "smoking ban" taxonomy_content_format: - "Article" taxonomy_role: - "Association CEO / Executive Director" - "C-Level" - "Executive Team" taxonomy_persona: - "Industry Professionals" --- [Home](https://associationsnow.com/) » [Articles](https://associationsnow.com/format/article/) » Smoking in Films: MPAA Raises Speech Concerns in Battle A couple of months ago, India was grappling with critics [who hoped to ban smoking](http://associationsnow.com/2016/05/indian-medical-groups-smoking-banned-films/) in Bollywood films. Hollywood, as it turns out, is knee-deep in a similar controversy. Currently, the Motion Picture Association of America (MPAA) and the National Association of Theatre Owners (NATO) [are grappling with a lawsuit (opens in a new tab)](https://www.theguardian.com/film/2016/jul/19/ban-on-smoking-in-movies-infringes-free-speech-says-mpaa) that plaintiffs hope will force a ban on smoking-related imagery in all films rated G, PG, or PG-13—i.e., films that children can watch in movie theaters without adult supervision. A key argument in the case is whether movie ratings should be treated as a form of protected speech under the First Amendment. Plaintiffs in the class-action suit, led by Timothy Forsyth, say they shouldn’t. Additionally, the plaintiffs argue that there is significant evidence that films that feature smoking help to encourage children to pick up the habit. “Defendants can give no rating to films with tobacco, they can give a very restrictive rating, but what they cannot give is a false certification that such movies are appropriate for unaccompanied children under 17, when they *know* that the scientific community has overwhelmingly said that it is not,” [the plaintiffs argued in a filing (opens in a new tab)](http://www.hollywoodreporter.com/thr-esq/movie-ratings-are-not-protected-911895) that opposes MPAA’s efforts to strike the lawsuit. MPAA and its fellow defendants have disputed the characterization that such ratings aren’t protected speech, instead suggesting that ratings are a form of opinion. In an April filing, [acquired by the Hollywood Reporter (opens in a new tab)](http://www.hollywoodreporter.com/thr-esq/hollywood-studios-defend-freedom-have-888798) , the defendants the suit “is a misguided attempt to upend basic tort principles and core First Amendment protections to force the Classification and Rating Administration (‘CARA’)—the movie ratings body that the MPAA and NATO jointly operate—to change the opinions it expresses through its movie ratings system.” If such a lawsuit were to be successful, the defendants warn that the film industry could face further scrutiny for films “that depict alcohol use, gambling, contact sports, bullying, consumption of soda or fatty foods, or high-speed driving.” Films cited by the plaintiffs as featuring smoking include a number of franchise films, including those for *The Amazing Spider Man 2*, *Transformers: Age of Extinction*, *Men in Black 3*, and [Dumb and Dumber To (opens in a new tab)](https://www.youtube.com/watch?v=lGXHVlEklgQ) . A scene from “Dumb and Dumber To,” a film cited in a class-action lawsuit for including a smoking scene. (YouTube screenshot) [Ernie Smith](https://associationsnow.com/author/ernie-smith/) Ernie Smith is a former senior editor for Associations Now. [More articles by this author](https://associationsnow.com/author/ernie-smith/) Tags: [#Business](https://associationsnow.com/tag/business/) [#film regulation](https://associationsnow.com/tag/film-regulation/) [#First Amendment](https://associationsnow.com/tag/first-amendment/) [#Media](https://associationsnow.com/tag/media/) [#smoking ban](https://associationsnow.com/tag/smoking-ban/) **Stay Informed** [Subscribe to our free newsletter](https://associationsnow.com/newsletter/) , *Associations Now Daily News*, to find out what’s happening in the association world every business day. ## You Might Like - [VideoUrban Land Institute- Project Recovery: Rebuilding Los Angeles After the January 2025 WildfiresSeptember 24, 2026](https://associationsnow.com/2026/09/24/urban-land-institute-project-recovery-rebuilding-los-angeles-after-the-january-2025-wildfires/) - [PodcastAssociations NOW Presents: All for the Love of Chicago: Rethinking the Destination ExperienceSeptember 10, 2026](https://associationsnow.com/2026/09/10/associations-now-presents-all-for-the-love-of-chicago-rethinking-the-destination-experience/) - [VideoExploring New Frontiers: Leadership, Resilience and the Future of SpaceflightAugust 27, 2026](https://associationsnow.com/2026/08/27/exploring-new-frontiers-leadership-resilience-and-the-future-of-spaceflight/) - [VideoCharlene Lopez Shares Her Experience at the 2026 ASAE Annual Meeting & ExpositionAugust 18, 2026](https://associationsnow.com/2026/08/18/charlene-lopez-shares-her-experience-at-the-2026-asae-annual-meeting-exposition/) ## Comments **Comments are for ASAE members.** [Learn more about comments on this site.](https://associationsnow.com/comments/) [Log in](https://associationsnow.com/login?redirect_to=https%3A%2F%2Fassociationsnow.com%2F2016%2F07%2F21%2Fsmoking-in-films-mpaa-raises-speech-concerns-in-battle%2F%23comments) to your member account or [join ASAE](https://my.asaecenter.org/select-a-membership-type/) !