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Can cigarette advertising be prohibited? Advertising and the First Amendment to the United States Constitution
Authors:Vincent M. Brannigan
Abstract:Smoking has been considered a health problem virtually since its introduction to Europe in the 1500's. At various times, laws were enacted to attempt to control smoking, while cultivation of tobacco became economically more and more important. The development of widespread recognition of the health consequences of smoking has led to numerous suggestions that cigarette advertising be banned. However, the First Amendment to the U.S. Constitution protects freedom of the press. 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. While it is not possible at this time to predict exactly how the Court would rule in this area, a comprehensive regulatory effort to reduce tobacco consumption could probably include a ban on tobacco advertising.
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