et al. Posadas de Puerto Rico v. Tourism Company of Puerto Rico - A Two-edged Sword, What Constitutes Commercial Speech?, Initial Ruling And A Constitutional Question?
court appellant appellees decision
Appellant
Posadas de Puerto Rico Associates
Appellees
Tourism Company of Puerto Rico, et al.
Appellant's Claim
That provisions and implementing regulations of Puerto Rico's Games of Chance Act of 1948 suppressed commercial speech in violation of the First Amendment and the equal protection and due process guarantees of the Constitution.
Chief Lawyer for Appellant
Maria Millagros Soto
Chief Lawyer for Appellees
Lino J. Saldana
Justices for the Court
Warren E. Burger, Sandra Day O'Connor, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court), Byron R. White
Justices Dissenting
Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Place
Washington, D.C.
Date of Decision
1 July 1986
Decision
Affirmed the decisions of the Puerto Rico Superior Court and the Puerto Rico Supreme Court that the act was constitutional.
Significance
The ruling continued a trend of the Court to allow the state greater latitude in the regulation of commercial speech related to activities deemed to be potentially harmful, such as smoking, consumption of alcohol, and gambling.
Related Cases
- Virginia Pharmacy Board v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976).
- Carey v. Population Services International, 431 U.S. 678 (1977).
- Central Hudson Gas and Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980).
- Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985).
- Renton v. Playtime Theaters, 475 U.S. 41 (1986).
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