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American Morning
Supreme Issues Final Rulings of Current Session
Aired June 28, 2001 - 10:29 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.
DARYN KAGAN, CNN ANCHOR: We had breaking news out of the Supreme Court.
Jeanne Meserve following that for us -- Jeanne.
JEANNE MESERVE, CNN CORRESPONDENT: Daryn, today the Supreme Court issued its last batch of opinions, a couple of them very important. Let me tell you about the first. It has to do with the tobacco companies and the state of Massachusetts. A big win here for the tobacco companies. Back in 1998, Massachusetts signed on to the tobacco settlement. But the attorney general of that state did not feel that the advertising restrictions were strict enough. So he issued some regulations, amongst them a ban on tobacco outdoor advertising within 1,000 feet of primary and secondary schools, public playgrounds and parks.
Today the Supreme Court unanimously voted against the state of Massachusetts, said that federal law preempted the state law. Charles Bierbauer has some more background on this important decision.
(BEGIN VIDEOTAPE)
CHARLES BIERBAUER, CNN CORRESPONDENT (voice-over): Tobacco companies gave up their billboards following tobacco's 1998 settlement with the states.
WILLIAM CORR, CAMPAIGN FOR TOBACCO-FREE KIDS: But they do advertise in retail stores, at convenience stories where three out of four teenagers visit at least once a week.
BIERBAUER: In 1999, Massachusetts sought to curb 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 location 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)
MESERVE: And so today the Supreme Court unanimously voting to strike down those Massachusetts advertising restrictions.
Another big case from the court today has to do with immigration, specifically two men, one from Cambodia, one from Germany, who came to this country as youngsters. They were legal permanent residents. However, as adults they were convicted of felonies. The INS would have wanted to deport them. However, there were no countries to deport them to, either because their countries didn't exist or because there were not agreements with those countries for, to do so.
These men went to court and said they felt that it was a violation of their constitutional rights for the INS to hold them indefinitely. Today the Supreme Court agreeing five to four, saying that immigrants cannot be jailed indefinitely whether or not the INS has someplace to send them.
There were a couple of other decisions today. These are the last of this term. The court will be back in session in October. We'll have more on these cases as the day progresses and we'll have more news after this break.
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