Advertising & First Amendment in Speech - Topic FAQs

Tobacco ads

My friend gave me a Joe Camel sweatshirt. Is it illegal for me to wear it now?

No. The restrictions on Joe Camel ads and similar tobacco promotions are contained in the Master Settlement Agreement, which applies to the tobacco companies. The government can enforce its contract with the tobacco companies in the MSA, but the government would violate the First Amendment if it punished a person merely for wearing a shirt with a tobacco emblem. Public school secondary students should be aware, however, that such a sweatshirt may very well violate a school dress code.