Author Affiliation: Mr Morrison currently teaches at Stanford Law School where he is the Irvine Visiting Fellow. He is on leave from the Public Citizen Litigation Group, which he founded with Ralph Nader in 1972.
In this issue of THE JOURNAL, Bayer et al1
propose some answers to the perplexing question of what to do in response
to tobacco advertising that continues to induce thousands of young people
to become new smokers every year. Unfortunately, their ideas either encounter
substantial constitutional hurdles or have serious practical impediments that
would preclude them from attaining their goals. In order to understand what
approaches might be worth exploring, it is first necessary to take another
look at the Supreme Court's decision Lorillard Tobacco Co.
v. Reilly,2 before concluding that the
First Amendment dooms all efforts to ban or limit tobacco advertising.
Morrison AB. Counteracting Cigarette Advertising. JAMA. 2002;287(22):3001-3003. doi:10.1001/jama.287.22.3001