Lorillard v. Reilly
- Brief of Amici Curiae (03/01/2005)
This case raised the fundamental question of whether states may regulate tobacco advertising. Massachusetts had imposed a fairly broad regulation limiting outdoor tobacco advertising. The tobacco industry challenged the Massachusetts regulation on two grounds. First, industry claims that the federal cigarette labeling law "preempts" (or forbids) any state regulation. Industry's second argument was that the First Amendment to the U.S. Constitution bars states (and presumably the federal government as well) from imposing virtually any restraint on advertising. Our brief examined why the Court should reject both arguments. Unfortunately, the Court ruled in favor of industry.