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March 2002, Vol 92, No. 3 | American Journal of Public Health 356-359
© 2002 American Public Health Association
Tobacco, Commercial Speech, and Libertarian Values: The End of the Line for Restrictions on Advertising?

Ronald Bayer, PhD

The author is with the Program in the History and Ethics of Public Health and Medicine, Division of Sociomedical Sciences, Mailman School of Public Health, Columbia University, New York, NY.

Correspondence: Requests for reprints should be sent to Ronald Bayer, PhD, Columbia University, 600 W 168th St, New York, NY 10032 (e-mail: rb8{at}columbia.edu).

In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. In so doing, the court underscored the enduring tension between the libertarian and social welfare dimensions of contemporary democracy and placed into relief the divisions within the American liberal tradition.




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