Lindsey v. Tacoma-Pierce County Health Dep't
- Case Date: 8/4/1998
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On August 4, 1998, WLF filed a brief in the U.S. Court of Appeals for the Ninth Circuit, urging the court to strike down a Tacoma, Washington ordinance that bans outdoor advertising of tobacco products while imposing virtually no restrictions on other products' advertising. WLF argued that the First Amendment prohibits government from deciding what advertising is acceptable based solely on the message conveyed by the advertisement. WLF argued that Tacoma's ostensible purpose in adopting the ordinance -- to reduce underage smoking -- could be achieved without infringing on speech rights if Tacoma stepped up efforts to enforce the ban on sales to minors. WLF also argued that when it adopted the Federal Cigarette Labeling and Advertising Act, Congress intended to prohibit any attempts by state and local governments to regulate cigarette advertising.