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CNN Live At Daybreak

Decision Day: Supreme Court Expected to Issue Ruling on Tobacco Advertising

Aired June 28, 2001 - 08:13   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BRIAN NELSON, CNN ANCHOR: The Supreme Court is expected today to issue some of the final rulings of its current session. And among the cases on the docket: a Massachusetts law that restricts cigarette advertising.

Senior Washington correspondent Charles Bierbauer has the details on this now.

(BEGIN VIDEOTAPE)

CHARLES BIERBAUER, SR. WASHINGTON CORRESPONDENT (voice-over): Tobacco companies gave up their billboards following tobacco's 1998 settlement with the states.

WILLIAM CORR, ANTI-TOBACCO CRUSADER: But they do advertise at retail stores, at convenience stores, where three out of four teenagers visit at least once a week.

BIERBAUER: In 1999, Massachusetts sought to curve that advertising, too, with a statewide ban on outdoor tobacco ads such as these if placed within 1,000 feet of schools, parks and playgrounds and limits on the locations of cigarettes and ads inside stores. The tobacco companies appealed to the Supreme Court.

MARK BERLIND, PHILIP MORRIS, ATTORNEY: All that's at stake in this case for us is the ability of ourselves and retailers to place small signs in the retail stores or directly outside the retail stores, so that customers -- adult customers -- can be notified that cigarettes are available, what the brands are, what the price is.

BIERBAUER: The tobacco companies contend the 1965 Federal Labeling Act that required the Surgeon General's health warning on cigarette packages preempts the states from imposing separate ad restrictions. The companies also raise a First Amendment claim for commercial speech.

BERLIND: We've got truthful speech here. In addition, this is a restriction that singles out tobacco advertising. It is discriminatory in that way.

(END VIDEOTAPE)

BIERBAUER: Opponents counter that this is a case where the Constitution is trumped by the public purpose of reducing teenagers' exposure to the tobacco ads in the hope of reducing teen smoking.

One other case we're watching questions how long immigration officials may detain people whom they intend to deport when there is no country that will take those people back -- back to you in Atlanta.

CAROL LIN, CNN ANCHOR: All right, thank you very much, Charles Bierbauer, reporting live at the Supreme Court.

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