Lorillard Tobacco Co. v. Reilly
United States Supreme Court
533 U.S. 525 (2001)
A Massachusetts regulation of tobacco advertising prohibited the advertising of tobacco products within one thousand feet of a school or playground and required that places selling tobacco products place ads for these items at least five feet off the ground to avoid being at eye level for children. Lorillard Tobacco Co. (plaintiff) filed suit in federal district court against Reilly (defendant), the Massachusetts Attorney General, on the grounds that (1) cigarette advertising regulations are preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA) which prescribes mandatory health warnings for cigarette packaging and advertising and (2) the ban on advertising for cigarettes, smokeless tobacco, and cigars violated the First Amendment. The district court held that the State restrictions on the location of advertising were not preempted by the FCLAA, and that the ban was unconstitutional. The court of appeals affirmed the preemption claim, but reversed the First Amendment claim. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (O’Connor, J.)
Concurrence (Thomas, J.)
Concurrence/Dissent (Stevens, J.)