Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico
United States Supreme Court
478 U.S. 328 (1986)
The Puerto Rico legislature passed a law that authorized casino gambling but prohibited gambling facilities from advertising to residents of Puerto Rico. The law authorized Tourism Company of Puerto Rico (defendant), a public corporation, to implement regulations governing casino advertisement. The regulation authorized media advertisement outside Puerto Rico subject to pre-approval by the Tourism Company. A policy memorandum issued by the Tourism Company interpreted the regulation as prohibiting casino advertisement on any promotional materials, such as brochures, matchbooks, and gift items that might be accessible to Puerto Rico residents. The Tourism Company imposed fines against Posadas de Puerto Rico (plaintiff) pursuant to its policy interpretation. Posadas de Puerto Rico filed suit seeking a declaratory judgment that the law and the regulations implemented pursuant to the law violated its constitutional rights to commercial speech. The trial court implemented a narrow interpretation and held that the law and regulations were not unconstitutional if applied in accordance with the court’s construction. The trial court also held that the constitutional rights of Posadas de Puerto Rico had been violated by the Tourism Company’s prior application of the law and regulations. Posadas de Puerto Rico appealed the trial court’s finding of constitutionality. The Supreme Court of Puerto Rico dismissed the appeal on grounds that it failed to present a substantial constitutional question. The Tourism Company petitioned the United States Supreme Court for review.
Rule of Law
Holding and Reasoning (Rehnquist, J.)
Dissent (Brennan, J.)
Dissent (Stevens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 154,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,500 briefs, keyed to 184 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.