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    "ocrText": "02/11/98\n11:04\n202 347 9881\nBLOOMBERG/CONUS\n003\nStandard and Poor's 500 index in afternoon trading. Philip Morris\nshares fell 5/16 to 43 7/16, while RJR Nabisco Holdings Corp.\nshares fell 5/8 to 33 1/4. In contrast, the Dow Jones Industrial\nAverage rose 122 points in afternoon trading to go above 8300.\nConstitutional Questions\nKoop and Kessler argued in their letter sent yesterday to a\nnumber of health organizations and lawmakers that Congress can\npass effective legislation without the industry. Congress has\nthe opportunity to make fundamental changes in tobacco policy\nbased solely and exclusively on what is good for the public\nhealth without itself engaging in negotiations with the tobacco\nindustry, they said.\nOthers disagree. Senate Judiciary Committee Chairman Orrin\nHatch, contends liability limits are needed to get comprehensive\nlegislation and said Congress and the White House need to find\ncommon ground. Sooner or later we're are going to have a\nbipartisan coalition get together and get this done, Hatch said\nin an interview.\nAdelman said the impact of legislation would be far broader\nwith the industry's cooperation. Raising cigarette prices is\nthe best way to cut youth smoking but it's not the only way,\nAdelman said. The voluntary advertising restrictions would help\na great deal\nSanford C. Bernstein & Co. tobacco analyst Gary Black took a\nstronger view. If you are not going to give the industry\nsomething, you are not going to change their behavior, he said.\nI have to believe that Clinton knows this, and will eventually\nend up supporting a more realistic bill\nFloyd Abrams, a New York City attorney and a scholar on\nconstitutional issues, told the Senate Judiciary Committee that\nCongress can't force the industry to accept the advertising\nrestrictions contained in the settlement. ''If the proposed\nsettlement were enacted into law, I believe it would be held to\nviolate the First Amendment, Abrams said.\nRichard Daynard, a law professor at Northeastern University\nSchool of Law, disagreed, testifying that existing law governing\ncommercial speech allows the government to restrict tobacco\nadvertising without violating the Constitution.\nClass Action Lawsuits\nSen. Richard Durbin, an Illinois Democrat and a foe of any\nform of legal protection for cigarette makers, said, We should\ndo what is right [or the public health whether the industry\nlikes it or not\nThe most controversial provisions in the settlement have\nlong been those that would ban class action lawsuits against the\nindustry and cap payments for other lawsuits. Most members of\nCongress already oppose those provisions and the push by Koop and\nKessler will only increase the opposition.\nObviously, their views are highly valued, and they will\nhave impact, said Commerce Committee Chairman John McCain of"
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