Lorillard Tobacco Co. v. Reilly

Lorillard v. Reilly
Supreme Court of the United States
Argued April 25, 2001 Decided June 28, 2001
Full case name	Lorillard Tobacco Company, et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al.; Altadis U.S.A. Inc., etc., et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al.
Citations	533 U.S. 525 (more) 121 S. Ct. 2404; 150 L. Ed. 2d 532; 2001 U.S. LEXIS 4911; 69 U.S.L.W. 4582; 29 Media L. Rep. 2121; 2001 Cal. Daily Op. Service 5421; 2001 Daily Journal DAR 6699; 2001 Colo. J. C.A.R. 3333; 14 Fla. L. Weekly Fed. S 470
Case history
Prior	218 F.3d 30 (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
Majority	O'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)
Concurrence	Kennedy, joined by Scalia
Concurrence	Thomas
Concur/dissent	Souter
Concur/dissent	Stevens, 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 United States Supreme Court 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.

See also

• Commercial speech
  • Bigelow v. Commonwealth of Virginia, 421 U.S. 809 (1974)
  • Bates v. State Bar of Arizona, 433 U.S. 350 (1977)
  • Linmark Associates, Inc., v. Township of Willingboro, 431 U.S. 85 (1977)
  • Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980)
  • Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico, 478 U.S. 328 (1986)
• List of United States Supreme Court cases
  • List of United States Supreme Court cases, volume 533

External links

• Text of Lorillard v. Reilly, 533 U.S. 525 (2001) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Oyez (oral argument audio)