Court Strikes Down Tobacco Ad Ban

W A S H I N G T O N, June 28 -- A state government may not impose its ownadvertising restrictions on tobacco beyond the broad federal lawthat bans cigarette ads on television and requires warning labelson packages, the Supreme Court ruled today.

The unanimous but tangled ruling was a victory for a group ofcigarette makers that had fought proposed ad restrictions inMassachusetts as both a violation of federal law and anunconstitutional limit on the companies' free speech.

The court's ruling focuses narrowly on the language of theMassachusetts ad ban, but the justices' reasoning would extend toany other state contemplating similar restrictions.

The court gave cigarette makers a partial free-speech victory,ruling that the state's plans for bans on outdoor advertising andsigns would violate the First Amendment. The state does have theright to restrict where tobacco products may be displayed insidestores, the justices ruled.

Massachusetts' plan to ban tobacco ads near playgrounds andschools has been on hold pending the high court ruling.

Federal Law 'Limits State Policy Choices'

Massachusetts proposed banning outdoor advertising of alltobacco products within 1,000 feet of schools and playgrounds,including ads outside stores and those inside stores that can beenseen from outside.

The state law also required that tobacco products be kept behindstore counters, and it prohibited advertising at children's eyelevel.

The state cited reports by the Food and Drug Administration andthe surgeon general that tobacco advertising significantlyinfluences children's tobacco use.

"From a policy perspective, it is understandable for the statesto attempt to prevent minors from using tobacco products beforethey reach an age where they are capable of weighing for themselvesthe risks and potential benefits of tobacco use, and other adultactivities," Justice Sandra Day O'Connor wrote. "Federal law,however, places limits on policy choices available to the states."