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''Posadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al.'' ; 106 S. Ct 2968; 92 L. Ed. 2d 266, was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as regards freedom of speech, equal protection and due process.〔''Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico'', .〕 In a 5–4 decision, the Supreme Court held that the Puerto Rico government (law) could restrict advertisement for casino gambling from being targeted to residents, even if the activity itself was legal and advertisement to tourists was permitted. The U.S. Supreme Court affirmed the Puerto Rico Supreme Court conclusion, as construed by the Puerto Rico Superior Court, that the Act and regulations do not facially violate the First Amendment, nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.〔 The controversial case has been subsequently referenced with respect to the legality of bans of tobacco advertising, liquor advertising and other advertisement related to gambling. It is regarded as a landmark case in illustrating the elasticity of the ''Central Hudson'' standards for regulating commercial speech,〔''Central Hudson Gas & Electric Corp. v. Public Service Commission'', .〕 as the Court did not request evidence or argument supporting the need of Puerto Rico to regulate such advertisement, but merely accepted that such regulations seemed reasonable. It also implicitly allowed for more strict regulations on commercial speech related to legal but presumably dangerous "vice" activities. Although there have been calls to overturn ''Posadas'' and it has been ignored as precedent in some, if not all, subsequent cases, the case has never been officially overruled. ==Prior history== On 15 May 1948, Puerto Rico adopted Act No. 221, the Games of Chance Act, which allowed regulated casino gambling but disallowed advertisement of gambling establishments within the boundaries of Puerto Rico. In 1978, the Texas-based Posadas de Puerto Rico Associates, which hosted a gambling facility at the Condado Holiday Inn and Sands Casino, was fined twice by the Puerto Rico Tourism Company for such advertising.〔 In 1979, the Tourism Company sent a memo to casino operators further clarifying restrictions on advertising to include "the use of the word 'casino' in matchbooks, lighters, envelopes, inter-office and/or external correspondence, invoices, napkins, brochures, menus, elevators, glasses, plates, lobbies, banners, flyers, paper holders, pencils, telephone books, directories, bulletin boards or in any hotel dependency or object which may be accessible to the public in Puerto Rico."〔 Following this, it fined the company again several times. In 1981, the company filed suit alleging generally that the Act violated Constitutional guarantees of free speech, equal protection and due process and specifically that the Tourism Company had violated the company's Constitutional rights in interpreting and applying it.〔''Posades de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al.'' (478 U.S. 328l 106 S. Ct 2968; 92 L. Ed. 2d 266 ) (1986).〕 The Puerto Rican Superior Court which heard the case agreed that the advertising restrictions applied to the company had been unconstitutional, describing the Tourism Company's acts as "capricious, arbitrary, erroneous and unreasonable."〔 However, it "adopted a narrowing construction of the Act and regulations" which permitted local advertising if aimed at inviting tourists but not residents to partake.〔 Under that new construction, the Puerto Rican Supreme Court determined that the Act was not facially (always) unconstitutional. On appeal, the Supreme Court of Puerto Rico affirmed the lower court's decision. The company appealed to the U.S. Supreme Court, seeking review of the federal question. 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「Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico」の詳細全文を読む スポンサード リンク
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