Concurrence Thomas | End date 2001 | |
Full case name Lorillard Tobacco Company, et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al.; Altadis U.S.A. Inc., etc., et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al. Citations 533 U.S. 525 (more)
533 U.S. 525; 121 S. Ct. 2404; 150 L. Ed. 2d 532; 2001 U.S. LEXIS 4911; 69 U.S.L.W. 4582; 29 Media L. Rep. 2121; 2001 Cal. Daily Op. Service 5421; 2001 Daily Journal DAR 6699; 2001 Colo. J. C.A.R. 3333; 14 Fla. L. Weekly Fed. S 470 Prior history 218 F.3d 30 (1st Cir. 2000) Majority O'Connor, joined by Unanimous (Parts I, II-C, and II-D)
Rehnquist, Scalia, Kennedy, Souter, Thomas (Parts III-A, III-C, and III-D)
Rehnquist, Stevens, Souter, Ginsburg, Breyer (parts Part III-B-1)
Rehnquist, Scalia, Kennedy, Thomas (Parts II-A, II-B, III-B-2, and IV) Concurrence Kennedy, joined by Scalia Similar 44 Liquormart - Inc v Rh, Virginia State Pharmac, Bates v State Bar of Arizona, FCC v Pacifica Foundation, Cipollone v Liggett Group - Inc | ||
Lorillard v. Reilly, 533 U.S. 525 (2001), was a 2001 case brought by Lorillard Tobacco Company when Massachusetts instituted a ban on tobacco ads and sales of tobacco within 1,000 feet of schools and playgrounds. Lorillard argued that this was an infringement on its First Amendment rights and that the regulation was more extensive than necessary. Applying the Central Hudson Test, the U.S. Supreme Court held that Massachusetts' ban on advertising and tobacco sales was overbroad. The Supreme Court also held that the Massachusetts regulation was preempted by federal law.
References
Lorillard Tobacco Co. v. Reilly Wikipedia(Text) CC BY-SA