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Lorillard Tobacco Co. v. Reilly (docket #: 00-596) (2001)  [Findlaw]

Secondary Link Lorillard Tobacco Co. v. Reilly
Argument Date 04/25/2001
Decided 06/28/01
Supreme Court Vote 5-4
Supreme Court Ruling affirmed in part, reversed in part
IssueDoes the Federal Cigarette Labeling and Advertising Act preempt portions of the Attorney General of Massachusetts' cigarette advertising regulations? Do portions of the Attorney General's regulations governing the advertising and sale of tobacco products violate the First Amendment?
Case Summary & Additional Resources
Majority Opinion O'Connor, J.
Concurring Opinion Thomas, J., & Kennedy, J.
Dissenting Opinion Stevens, J. & Souter, J.
Lower Court 1st Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Oral Arguments - Transcript
Oral Arguments  [Oyez]
Tony Mauro Analysis
Mix-and-match majority finds tobacco-ad rules too restrictive

Odd lot of cases tends to favor First Amendment

Supreme Court decisions provide mixed bag for free speech

Tobacco ad case not likely to set First Amendment precedent

"AP, "3rd Circuit: State can't bar alcohol ads from college newspapers" (7/30/04)

Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2006) §6:6
Saunders, Kevin, SAVING OUR CHILDREN FROM THE FIRST AMENDMENT (2003), pp. 218-222

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