| Lorillard v. Reilly | |
|---|---|
 | |
| 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 | 533U.S.525 (more) 121 S. Ct. 2404; 150L. Ed. 2d 532; 2001U.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 |
| Case history | |
| Prior | 218F.3d 30 (1st Cir. 2000) |
| Holding | |
| Regulation on tobacco advertising struck down as overly broad | |
| Court membership | |
| |
| 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 andXIV | |
Lorillard v. Reilly, 533 U.S. 525 (2001), was a 2001United States Supreme Court case brought byLorillard Tobacco Company whenMassachusetts instituted a ban ontobacco ads and sales of tobacco within 1,000 feet (300 m) of schools and playgrounds. Lorillard argued that this was an infringement on itsFirst Amendment rights and that the regulation was more extensive than necessary. Applying theCentral 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 byfederal law.[1][2]
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