Commercial Speech in the Law of the European Union: Lessons for the United States?(tobacco advertising): An article from: Federal Communications Law Journal

This digital document is an article from Federal Communications Law Journal, published by University of California at Los Angeles, School of Law on December 1, 1998. The length of the article is 7336 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the author: Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more restrictive than necessary and should be narrowed to allow truthful cigarette advertising targeted at adults. The situation should prove informative for the United States since the courts of the European Union and the United States have reached similar conclusions regarding limitations on commercial speech.

Citation Details
Title: Commercial Speech in the Law of the European Union: Lessons for the United States?(tobacco advertising)
Author: J. Steven Rich
Publication:Federal Communications Law Journal (Refereed)
Date: December 1, 1998
Publisher: University of California at Los Angeles, School of Law
Volume: 51 Issue: 1 Page: 263(1)

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