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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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