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23 Comm. & L. 41 (2001)
Exploring the Constitutionality of Commercial Speech: A View of Tobacco Advertising

handle is hein.journals/coml23 and id is 233 raw text is: Communications and the Law HYO-SEONG LEE Exploring the Constitutionality of Commercial Speech: A View of Tobacco Advertising Hyo-Seong Lee is a doctoral candidate, School of Journalism, Southern Illinois University, Carbondale IL. Advocates of tobacco advertising argue that it is abnormal that while the First Amendment has been construed to provide full constitutional protection to the most hateful racist speech,' and even to the direct advocacy of criminal conduct,' the protection of the promotion of the adult use of tobacco products is denied.' On the other hand, opponents of tobacco advertising argue that commercial speech'including tobacco advertising does not advance any ideas worth preserving and con- sequently deserves less protection than other forms of speech.4 Amid the controversies, it often is not entirely clear, under com- mercial speech doctrine, how the Supreme Court would rule on the constitutionality of the various regulations of tobacco advertising and 1. R.A.V. v. City of St. Paul, 508 U.S. 377 (1992). 2. See, e.g., Brandenburg v. Ohio, 395 U.S. 444, 447 (1969). 3. See, e.g., V. Blasi & H. P. Monaghan, The First Amendment and Cigarette Advertis- ing, 256 JAMA 502 (1986) (arguing in favor of constitutionality of tobacco advertis- ing ban). 4. K. L. Wong, Tobacco Advertising and Children: TheLimits ofFirstAmendmentPro- tection, 15 J. BUS. ETHICS 1051 (1996). Communications and the Law 41

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