Regulating Tobacco Advertising
The First Amendment, Federal Law, and Commercial Speech
Excerpt
The First Amendment ensures Americans’ freedom of speech. For over 50 years, however, the courts have held that advertising — commercial speech — should receive lesser protection than other forms of expression, such as political speech.
In This Issue
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Foreword
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Judicial Review of Commercial Speech
Government Interests and the Freedom to Advertise
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
Massachusetts Cannot Regulate Tobacco Advertisements
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Pro & Con
Can Massachusetts Limit Where and How Tobacco Manufacturers Advertise Their Products?
