A First Amendment look at the Federal Communications Commission's ban on tobacco advertisements and the self-regulation of alcohol advertisements.: An article from: Federal Communications Law Journal

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From the author: Since the 1970s, the government has had some form of restrictions on the ability to advertise cigarettes and tobacco-related products using electronic communications. This approach is different from the self-regulatory model used for alcohol advertisements. This note analyzes the history of the Supreme Court's first amendment doctrine regarding commercial speech to its present day test under Central Hudson Gas & Electric Corp. v. Public Service Commission of New York to determine whether the distinct approaches to dealing with the speech of alcohol versus tobacco companies would be upheld. The note then considers the social and legal history of tobacco and alcohol, as well as the health effects of each and finds that the regulation of these two vices can be distinguished based on the substantial governmental interest prong of the Central Hudson test. It concludes that a complete ban on tobacco advertising in broadcast would be held constitutional due to the severe health effects that can result from any amount of smoking. Because tobacco advertising regulations were enacted by Congress and deal with the broadcast medium, the Court will be more deferential in its First Amendment analysis.

Citation Details
Title: A First Amendment look at the Federal Communications Commission's ban on tobacco advertisements and the self-regulation of alcohol advertisements.
Author: Hugh Campbell
Publication:Federal Communications Law Journal (Magazine/Journal)
Date: January 1, 2013
Publisher: Federal Communications Law Journal
Volume: 65 Issue: 1 Page: 99(20)

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