The Ninth Circuit Court of Appeals today rejected Phillip Morris' challenge to San Francisco's ordinance banning the sale of tobacco in pharmacies. Phillip Morris' appeal was based on its claim that it has a First Amendment right to sell its cigarettes wherever it wants. A First Amendment right! As in, free speech.

As Philip Morris' head magician, Jack Marshall, said:

“The purpose and effect of the ordinance is to suppress communications directed to adult smokers, in violation of our constitutional rights,” said company spokesman Jack Marshall.

Um, no. The purpose and effect of the law is to try to stop your company from killing more people. For some strange reason, the Ninth Circuit didn't buy Philip Morris' argument.

Another appeal, filed by the pharmacies on equal protection grounds, is still pending.