Lorillard Tobacco Co. v. Reilly

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Lorillard v. Reilly
Seal of the United States Supreme Court.svg
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
Prior history 218 F.3d 30 (1st Cir. 2000)
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 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.

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