Is smoking a constitutional “right”?
• Tobacco use is a choice, not a constitutional right. • People do have the choice to smoke. A tobacco-free DU would not take away that choice, rather, tobacco users simply would not be able to use on campus where their personal choice negatively impacts the health of all people around them. • There is no constitutional “right” to smoke. 15 • Smokers are not a category protected under the Equal Protection Clause of the Constitution.16 • Smoking is not a protected liberty right under the Due Process clause of the Constitution.
