Tobacco Case Essay example
In the Central Hudson Case, Judge Powell summarized that this case presents the question whether a regulation of the Public Service Commission of the State of New York violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility, 447 U.S. 557, which is closely related to the tobacco cases. Several opinions presented by Judge Powell can apply in these cases.
First, in applying the First Amendment to this area, Judge Powell rejected the “highly paternalistic” view that government has complete power to suppress or regulate commercial speech.
Second, the Judge also believed that if the communication is neither misleading nor related to unlawful activity, the government’s power …show more content…
2) Discount v. United States of America (KY case) e) The tobacco commercials are generally legitimate and protected by the First Amendment. f) The government’s interests in preventing juvenile smoking and warning the general public are substantial. g) According to district court, the ban of modified risk tobacco products (see 1:09-CV-117-M) does provide