23-34 94th St. Grocery, Corp. v. New York City Board of Health
- Case Date: 7/15/2011
- Project Name: Civil Justice Reform
On July 10, 2012, the U.S. Court of Appeals for the Second Circuit affirmed a federal district court’s decision invalidating a New York City regulation that would force retailers to display signs conveying the City’s anti-smoking message, with which the retailers disagree. The decision was a victory for WLF, which filed a brief filed in support of New York City retailers arguing that the First Amendment protects not only the right to speak but also the right not to speak, and that forcing someone to convey and associate with speech with which he disagrees violates the free speech protections of the U.S. Constitution. The case arose from a challenge to a new provision of the New York City Health Code that would require all tobacco retailers within the City to display gory, anti-smoking signs in their stores. Many tobacco retailers object to the signs, which urge their customers not to use tobacco products.
More Information and Downloads:
7/19/2011: Download the Brief
Litigation Update: Federal Appeals Court Rejects NYC's Effort To Compel Commercial Speech