Lorillard Tobacco Co. v. Reilly

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Lorillard v. Reilly
1st Cir.
2000)
Holding
Regulation on tobacco advertising struck down as overly broad
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityO'Connor, joined by Unanimous (Parts I, II-C, and II-D)
Rehnquist, Scalia, Kennedy, Souter, Thomas (Parts III-A, III-C, and III-D)
Rehnquist, Stevens, Souter, Ginsburg, Breyer (parts Part III-B-1)
Rehnquist, Scalia, Kennedy, Thomas (Parts II-A, II-B, III-B-2, and IV)
ConcurrenceKennedy, joined by Scalia
ConcurrenceThomas
Concur/dissentSouter
Concur/dissentStevens, joined by Souter (Part I), Ginsburg, Breyer
Laws applied
U.S. Const., Amends. I and XIV

Lorillard v. Reilly, 533 U.S. 525 (2001), was a 2001 case brought by Lorillard Tobacco Company when Massachusetts instituted a ban on tobacco ads and sales of tobacco within 1,000 feet (300 m) of schools and playgrounds. Lorillard argued that this was an infringement on its First Amendment rights and that the regulation was more extensive than necessary. Applying the Central Hudson Test, the U.S. Supreme Court held that Massachusetts' ban on advertising and tobacco sales was overbroad. The Supreme Court also held that the Massachusetts regulation was preempted by federal law.

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