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Jump to full article: MediaWeek, 2009-12-01
Author: Katy Bachman
Intro: The Association of National Advertisers, the American Association of Advertising Agencies and the American Advertising Federation, filed a "friend of the court" brief in a lawsuit challenging the constitutionality of the Family Smoking Prevention and Tobacco Control Act.
Filed with the U.S. District Court for the Western District of Kentucky on Monday (Nov. 30), the amicus brief contends that the Act violates the First Amendment by restricting free speech.
. . .
"The sweeping restrictions would impermissibly and unconstitutionally make it virtually impossible to advertise tobacco, a legal product to adults," said Dan Jaffe, executive vp of the ANA. "This is the most restrictive advertising legislation ever passed."
The Act could also set a precedent to legislate other kinds of products that legislators deem should be protected from children, such as prescription drugs; alcohol; and R-rated movies, videogames and music.
"Censorship can become habit-forming. We have also seen proposals to ban or seriously restrict certain food ads and ads for prescription drug products. It is critically important for the advertising community to stand up for the First Amendment rights of all marketers, whenever they are threatened," Jaffe said.
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