ABSTRACT
The First Amendment gives wide scope to freedom of speech and press, and the Supreme Court has applied these rights to the states through incorporation of the guarantees of the First Amendment and most other provisions of the first ten amendments via the Due Process Clause of the Fourteenth Amendment. The First Amendment has been held not to protect deceptive advertising against regulations by the Federal Communications Commission. <i>Cipollone v. Liggett Group</i>, 505 US 504 in 1992, a controversial ruling involving the liability of cigarette companies for deceptive advertising and marketing, indicates that such companies may be liable to sanctions under state law as well. In addition to its implications for the First Amendment, this case is noteworthy for the controversy it generated in the lower courts. After the adoption of the second law, the Federal Communications Commission had further banned cigarette advertising through the electronic media.
