At issue is whether state law can ban tobacco advertising inside and outside stores located near schools. In the past, the court has held that commercial speech can be regulated, but not banned.

In defending the state regulations, Massachusetts Attorney General Thomas Reilly said they are needed to prevent tobacco companies from targeting children. The regulations call for a ban on outdoor advertising of all tobacco products within 1,000 feet of schools and playgrounds, including ads outside stores and those inside stores that can been seen from outside. In addition, storeowners would be required to keep tobacco products behind the store counter, and keep advertising of tobacco products above children's eye level, defined as above a height of five feet.

"It's a signal to the tobacco companies throughout this nation that we're not going to back off," Reilly said. "This is about protecting our children."

The tobacco industry countered that the regulations are redundant, especially since tobacco companies agreed as part of the nationwide tobacco settlement with states to regulate advertising, including banning outdoor billboards.

"What's at stake here is whether manufacturers of adult products are allowed to advertise to adult consumers in any meaningful way," said Mark Berlind, a lawyer for Philip Morris Inc. "The Massachusetts regulations would take that last sliver of advertising away from cigarette companies and store owners."

In hearing the case, the U.S. Supreme Court could decide whether commercial advertising should receive First Amendment protections similar to political and artistic speech.

COMMENTS ON THIS ARTICLE:

Posted by Anonymous on 23 Apr 08 12:13 PM EDT

While it is a constitutional right to have freedom of speech, I believe the important factor is that the targeted audience and the point of all of this is our children. I, as a mother of two young children, certainly don't want my kids to someday ruin their health by smoking. I personally would like to ban smoking entirely, but this is at least a step in the right direction. I hope that the Supreme Court realizes what is at stake for our future if they rule in favor of the tobacco companies, and that they will instead pass this law.

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