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State and Local Government Law

Berkeley Law

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Full-Text Articles in Entertainment, Arts, and Sports Law

More Speech, Not Enforced Silence: Tobacco Advertising Regulations, Counter-Marketing Campaigns And The Government’S Interest In Protecting Children’S Health, Derigan Silver, Kelly Fenson-Hood Apr 2012

More Speech, Not Enforced Silence: Tobacco Advertising Regulations, Counter-Marketing Campaigns And The Government’S Interest In Protecting Children’S Health, Derigan Silver, Kelly Fenson-Hood

Berkeley Journal of Entertainment and Sports Law

The U.S. Supreme Courts decision in Lorillard Tobacco Co. v. Reilly, that the significant interest in protecting childrens health would not allow the government to overly burden the flow of communication to adults about tobacco products, has left public health officials with little room to craft tobacco advertising restrictions that are both demonstrably effective and constitutional. This article focuses on social scientific research in the field of health communication, and legal doctrines of counterspeech and governmental speech. It specifically posits how a national counter-marketing tobacco prevention campaign targeting youth and paid with compulsory fees, or a tax ...