Greater New York v. Giuliani
- Case Date: 7/3/1998
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On December 15, 1998, the U.S. District Court for the Southern District of New York, struck down a New York City ordinance that bans virtually all outdoor advertising of tobacco products. The decision was a victory for WLF, which filed a brief on July 3, 1998 in opposition to the law. The court agreed with WLF that federal law preempts efforts by states to regulate tobacco advertising. In its brief, WLF also noted that the U.S. Supreme Court has held that all truthful commercial speech -- provided it does not propose an illegal transaction -- is entitled to substantial First Amendment protection. WLF argued that New York City's attempt to single out one type of advertising for prohibition cannot withstand First Amendment scrutiny in the absence of any evidence that the ban is narrowly drawn to address a substantial government concern and that the ban is likely to alleviate that concern "to a material degree."