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Criteria for Evaluating a Ban on the Advertisement of CigarettesBalancing Public Health Benefits With Constitutional Burdens
Lawrence O. Gostin, JD;
Allan M. Brandt, PhD
JAMA. 1993;269(7):904-909.
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THE American Medical Association has long recommended a ban on promotional advertising of cigarettes, as has a broad range of public health organizations.1 The tobacco industry, in an uneasy alliance with civil libertarians and the media, argues that a ban would violate the constitutional right to free expression. The debate has been bitter and vehement, impeding adequate examination of the complex public health and constitutional questions engendered by such a policy.
In this article, we offer criteria for evaluating a national ban on tobacco advertising. First, we explore modern case law to determine whether the Supreme Court, applying the commercial free speech doctrine, would uphold a ban. Second, we critically evaluate existing empirical claims about the nature and impact of tobacco advertising on smoking behavior. Third, we assess the unique aspects of the cigarette as a consumer product to see whether it can be distinguished from other hazardous products.
. . . [Full Text PDF of this Article]
Author Affiliations
From the American Society of Law, Medicine, and Ethics (Mr Gostin), and the Department of Social Medicine, Harvard Medical School (Dr Brandt), Boston, Mass.
Footnotes
Reprint requests to the Office of the Executive Director, American Society of Law, Medicine, and Ethics, 765 Commonwealth Ave, 16th Floor, Boston, MA 02215 (Mr Gostin).
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