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A.N.A. Calls Administration Tobacco Proposal Blatantly Unconstitutional Censorship

Date: 10 Aug 1995
Length: 1 page
89278502
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Area
SPEARS,ALEXANDER/OFFICE
Alias
89278502
Document File
89278327/89278506/Briefing Book the Food and Drug
Administration and Tobacco Regulation the Tobacco
Institute 950900
Type
PRES, PRESS RELEASE
Litigation
Iwoh/Produced
Characteristic
EXTR, EXTRA
Site
G65
Named Organization
Assn of Natl Advertisers
Ftc, Federal Trade Commission
Supreme Court
Author (Organization)
Assn of Natl Advertisers
Named Person
Clinton
Jaffe, D.L.
Master ID
89278328/8505

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Date Loaded
12 Feb 1999
UCSF Legacy ID
ost20e00

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Page 1: ost20e00
For Immediate 4ease Contaci: Daniel Lj J afTc (202) 6tBIN1 AS&OQA'TION OR NA'11O?JAL ADVBRTISERS, INC. A 7ao 1I7H s91cB$1: N.W. WASHUVOr cK D:C. 2QOOt (10Z) US-7800 FAXM (202) 62b•6161 MBM$BIt. WORLA A8D8RAT7ON CF AUVBitTISE1tS News Release ~ A.N.A. Calls Administration Tobacco :Proposal ~ Blatantly Unconstitutional Censorship WASHINi;'3TOIf. 4c.. August 10, 1995 -- Ttia Association of National Advertisers, Inc. (A.N.A.) today voiced stro%oppo~tson to the Clinton Administration's plan for imposing a crushing ccnsorship regime on tobacco adverdsing: ~ "Thia proposal. is u reccdented. The Clinton Administration is going much farthcr down the censorship path than atrany ' in our history," said A.N.A. Executive Vice President Daniel L. Jaffe. "Iltcsc propos& a virtual defaeto ban on tobacco advertising: ' A.N.A.'r m is a cross-section of American industry consisting of manufacturers, retailers, service pro.idcrs, atntfi institutiona. Repreaanting more than 5.300 separate, advertising cntities, these member cotnpaniestmarket their products to consumers and to other companies. f A.N.A. supports of to stop youth smoking, but thesc proposals go far b~.yond this goal. The Supremc Court hag ruled in an effort to protect youtb; rogulators cannot lower discourse in society "to the level of the sandbox." Arnongtbcuncontltutional violations of First Atnendment rights contained in the Administration proposal: • TTW sweeping tue of the proposed restrictions violates First Amendment protections against governmentcut~t on speech which are "more extensive than namiaary" to Kchieve the government's aini: f *'f1>c SuptemeOurt has ruled that the use of Octures and other illustrations in advertising are fully protected by the* First Amendment, and; • 131aaket t+c.~trictipns on the use of colors an; equally unconstitutional. 'The cavemmau.k~a avery right under the law to seek to restrict or ban atr,~ advertising which targets >l audience~.st~ctc as the underaged; ' Mr. Jaffe said. "If anyone has allegattons of advertising which targels thaumderttgdd, they should bring those charps to the Federal Trade Commission, which is fully empowerodta- lntt.a~.slop to illegal targeting:' ~ "This debate wi11 b contintted in the courts: " Mr. Jaffe said. "We live in a aation of laws, not edicts, and advertisors will ca this fight all the way to the U.S. Supreme Court if necessary. We expect to prevail duo to the gross violr, of tho First Amendment right to advertise truthfuIly auxi nondeceptivcly about legal pmducts: " : AW# IL

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