Posted by Rick Kropp, rkropp4@home.com, on 11/06/01

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As a citizen and non-lawyer, I am morally disgusted,
politically outraged and intellectually perplexed that the
tobacco industry, aided and abetted by its surrogates in
the advertising and retail (mainly convenience stores and
gas station mini-marts) industries, cleverly misuses the
First Amendment to protect the advertising and promoting of
its products to children and adults, products that cause
addiction, premature disease and often horrible, painful
death.

And it doesn't appear to matter, constitutionally speaking,
that tobacco advertising or this peculiar form
of "commercial speech" is untruthful, misleading and
deceptive.

These statements are based on published research and
internal tobacco ibdustry documents.

Therefore my questions are:

1. How can government constitutionally restrict tobacco
advertising and promotion targeting young people,
especially at the retail level, without infringing on the
free speech and free press clauses of the First Amendment?

2. How can government constitutionally restrict tobacco
advertising and promotion to the satisfaction of
conservative constitutional and First Amendment scholars,
strict constructionists, fervent First Amendment advocates,
and responsible members of the advertising and retail
industries?

3. How can a strict constitutional interpretation of the
free speech and free press clauses of the First Amendment,
including the intentions of the framers of the Bill of
Rights, uphold government restrictions on tobacco
advertising and promotion targeting young people,
especially at the retail level?

Thank you for your help. I look forward to your response.

Rick Kropp
PO Box 4305
Clearlake, CA 95422
(707) 994-2911
rkropp4@home.com

Re: tobacco advertising and the First Amendment, 3/24/04, by nicole and angela.

First Amendment Chatboard

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