At issue are the regulations Massachusetts adopted in 1999 that prohibit cigarette ads in stadiums, in store windows where they can be seen from the outside, or within 1,000 feet of a public playground, park or school. Advertising lobby groups argue that such restrictions amount to a ban on ads for a legal product, which violates their right to free speech. In upholding the Massachusetts regulations, a federal appeals court ruled last year that states can adopt more stringent controls to protect children. The Supreme Court must decide whether the restrictions are preempted by the Federal Cigarette Labeling and Advertising Act, which says advertising cannot be restricted on the basis of health reasons. If the court says the federal preemption does not apply, then it will consider the First Amendment issues raised in the case.
Tobacco advertising is also under attack on two other fronts.