Can cigarette advertising be prohibited? Advertising and the First Amendment to the United States Constitution

The development of widespread recognition of the health consequences of smoking has led to numerous suggestions that cigarette advertising be banned. However, under the First Amendment, freedom of the press is protected. Analysis of the legal issues involved in such a ban requires consideration of t...

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Bibliographic Details
Published in:Journal of consumer policy 1987-06, Vol.10 (2), p.193-201
Main Author: Brannigan, Vincent M
Format: Article
Language:English
Subjects:
Advertising
Advertising restrictions
Bans
Cigarette industry
Cigarettes
Commercial speech
Constitution
Court decisions
Decisions
First amendment
First Amendment-US
Freedom of speech
Liquor
Litigation
Smoking
Supreme court
Tobacco industry
United States
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Summary:The development of widespread recognition of the health consequences of smoking has led to numerous suggestions that cigarette advertising be banned. However, under the First Amendment, freedom of the press is protected. Analysis of the legal issues involved in such a ban requires consideration of the entire trend of Supreme Court decisions in the area of commercial speech. The most important decision prior to 1976 was Capital Broadcasting Co. versus Mitchell (1971) in which the Court upheld a congressional ban on televised cigarette advertising, claiming that Congress has the power to prohibit cigarette advertising in any medium. However, in Virginia Pharmacy (1976), the Court overruled a previous opinion in Valentine versus Chrestensen (1943) by extending First Amendment protection to ordinary commercial speech, but it insisted on truth in that speech. While it is not possible to predict how the Court would rule now, a comprehensive regulatory effort to reduce tobacco consumption could probably include a ban on tobacco advertising.
ISSN:0168-7034
1573-0700
DOI:10.1007/BF00411635