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Case Detail


American Snuff Co. v. United States
On April 22, 2013, the U.S. Supreme Court declined without explanation to review the 2009 federal law that imposes a near-total ban on all tobacco advertising. The order leaves in place a decision by an appeals court that largely rejected a facial challenge to the law. The decision was a setback for WLF, which filed a brief urging review. WLF argued that the ban violates the First Amendment rights of tobacco companies to speak truthfully and the First Amendment rights of consumers to hear such speech. WLF argued that while the federal government has a strong interest in reducing use of tobacco products, the First Amendment does not permit the government to use speech restrictions as its primary means of achieving that goal. The Supreme Court almost surely will address the First Amendment issue in the near future. The appeals court decision conflicts with a recent decision by another appeals court, which held that FDA regulations implementing the new law violated free speech rights.
Case Status:
Supreme Court review denied.
More Information and Downloads:
11/26/2012: Download the Brief
6/4/2010: Download the Brief
12/7/2009: Download the Brief

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