|
''Lorillard v. Reilly'', 533 U.S. 525 (2001), was a 2001 case brought on by Lorillard Tobacco Company when Massachusetts instituted a ban on tobacco ads and sales of tobacco within 1,000 feet of schools and playgrounds. Lorillard argued that this was an infringement on their First Amendment rights, and that the regulation was more extensive than necessary. The U.S. Supreme Court applied the ''Central Hudson'' Test to the case in order to determine whether Massachusetts' ban on advertising and tobacco sales were in fact restricting the company's First Amendment rights. After failing The ''Central Hudson'' test, this regulation on tobacco advertising was found to be too broad, and Lorillard Tobacco Company won the case. Part II of the case involved the issue of congressional preemption. Congressional preemption is a concept taken in circumstances where state or local laws may interfere with federal law. In Lorillard Tobacco Co. v.Rielly, Massachusetts was attempting to regulate the "point of sales" advertising, which interfered with the "express preemption" clause restricting the regulations of "health and promotion". ==See also== *Commercial speech * *''Bigelow v. Commonwealth of Virginia'', 421 U.S. 809 (1974) * *''Bates v. State Bar of Arizona'', 433 U.S. 350 (1977) * *''Linmark Associates, Inc., v. Township of Willingboro'', 431 U.S. 85 (1977) * *''Central Hudson Gas & Electric Corp. v. Public Service Commission'', 447 U.S. 557 (1980) * *''Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico'', 478 U.S. 328 (1986) *List of United States Supreme Court cases * *List of United States Supreme Court cases, volume 533 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Lorillard Tobacco Co. v. Reilly」の詳細全文を読む スポンサード リンク
|