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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 william appellees

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).
Puerto Rico v. Branstad - The Precedent Of Kentucky V. Dennison, The Case Of Ronald Calder, A Different Era [next] [back] Plyler v. Doe - Significance, Related Cases, Right To A Public Education, Further Readings

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