Tobacco firms retain advertising rights

Advertising can continue within 300 metres of schools

By Jonny Dymond in Washington

The United States Supreme Court has ruled in favour of tobacco manufacturers' right to advertise.

The state of Massachusetts had sought to curtail tobacco advertising near to schools.

Victory for cigarette producers in the US

But the court ruled that both federal law and the constitution protected the manufacturers from the state's restrictions.

Massachusetts had sought to ban tobacco advertising within 300 metres of schools and playgrounds.

The ban would have included advertisements inside shops which could be seen from the outside.

The state argued that research showed that minors were significantly influenced by advertising. The Supreme Court sympathised with that argument.

Constitutional protection

But it said that the federal law, which removed tobacco advertising on television and radio in the late 1960s, prohibited states from issuing further restrictions.

And the court said that tobacco advertising was protected under the first amendment of the constitution, which safeguards freedom of expression.

One justice of the court wrote that he believed commercial speech such as tobacco advertising should be accorded the same kind of protection as political or artistic expression.

That was not an opinion held by most justices. But the court's ruling will affect further attempts by states to restrict tobacco promotion.