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Constitutional Law Keyed to Barnett
Lorillard Tobacco v. Reilly
Citation:
533 U.S. 525 (2001)Facts
In 1999, Massachusetts issued regulations governing advertising and sale of tobacco products. The regulations included a prohibition on advertising of smokeless tobacco or cigars within a 1,000 foot radius of a school or playground, as well as restrictions on the location and distribution of tobacco products, including a ban on indoor advertisements of tobacco products placed lower than five feet from the floor, and requirement that tobacco products be placed out of reach of the consumer. Petitioners, who were Cigarette and Tobacco Manufacturers, claimed that the regulations violated their First Amendment rights.
Massachusetts argued that the regulations did not burden more speech than necessary. The Petitioner tobacco manufacturers disagreed, arguing that even though the State had identified a problem with underage cigarette use, the State had not identified a similar problem with underage use of smokeless tobacco and cigars.
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Topic Resources
Topic Outline
First AmendmentTopic Refresher Course
Introduction to Freedom SpeechTopic Charts & Notes
First Amendment Chart