Litigants: | Lorillard v. Reilly |
Arguedate: | April 25 |
Argueyear: | 2001 |
Decidedate: | June 28 |
Decideyear: | 2001 |
Fullname: | 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. |
Usvol: | 533 |
Uspage: | 525 |
Parallelcitations: | 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 |
Prior: | 218 F.3d 30 (1st Cir. 2000) |
Holding: | Regulation on tobacco advertising struck down as overly broad |
Majority: | O'Connor |
Joinmajority: | 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 |
Joinconcurrence: | Scalia |
Concurrence2: | Thomas |
Concurrence/Dissent: | Souter |
Concurrence/Dissent2: | Stevens |
Joinconcurrence/Dissent2: | Souter (Part I), Ginsburg, Breyer |
Lawsapplied: | U.S. Const., Amends. I and XIV |
Lorillard v. Reilly, 533 U.S. 525 (2001), was a 2001 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.