The Artful Jurist

The state of Colorado has snuffed out onstage smoking in its live theaters, even when cigarettes are called for as part of the performance. According to a decision from a state appeals court, Colorado's ban on smoking inside public buildings extends even to the actors in a show. And, apparently, the ban also includes herbal substitutes sometimes utilized as stand-ins for genuine tobacco cigarettes.

As you might imagine, this has riled play houses as well as the Dramatists Guild who see this as an infringement on First Amendment rights. The argument is that smoking "in character" is a form of creative expression. The appeals court's rebuttal is that, in its opinion, smoking by itself isn't sufficiently expressive enough to merit the free speech protections of the First Amendment.

So I guess you can burn a flag on stage in Colorado as a First Amendment right so long a you don't roll it up and put it between your lips.