High Court agrees to hearcase on tobacco ad curbs; Arguments will include First Amendment issues.

Advertising Age, January, 2001 by Teinowitz, Ira

For the second time in two months, the U.S. Supreme Court has agreed to take a case that may shift how it views the constitutionality of government ad curbs.

Advertising lawyers said the court's decision last week to hear a Massachusetts tobacco advertising case is significant for two reasons. Not only did the court agree to hear arguments about whether federal law bars the state from promulgating tobacco ad curbs, it will also hear arguments about the First Amendment constitutionality of the curbs.

Ad and media groups in 1996 challenged a proposed set of U.S. Food & Drug Administration restrictions of cigarette ads as unconstitutional, only to see the case reach the Supreme Court on the limited question of whether the FDA had legal authority to act....

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