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Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines
Unformatted Document Text:  ICA 1-10808 28 64 509 U.S. 418 (1993). 65 Id at 418. 66 115 S. Ct. 1585 (1995). 67 Id at 1593-94. 68 116 S. Ct. 1495 (1996). 69 Id at 1510. 70 Id at 1510. 71 Field, supra note 12 at 74. 72 116 S. Ct. 1495 (1996). 73 Justice Stevens wrote the Court’s principal opinion. Justices Scalia and Thomas issued separate concurring opinions, while Justice O’Connor wrote an opinion concurring in the judgment that Chief Justice Rehnquist, Justice Souter and Justice Breyer signed. 74 Id at 1520 (Thomas, J., concurring). 75 Id at 1520 (Thomas, J. concurring). 76 119 S. Ct. 1923 (1999). 77 See Arlen Langvardt, The Incremental Strengthening of First Amendment Protection for Commercial Speech: Lessons from Greater New Orleans Broadcasting,37 American Business L. Journal 581 (2000). 78 119 S. Ct. 1930 (1999). 79 No. 00596, 2001 S. Ct., available at FindLaw, http://www.findlaw.com 80 Id at Part III A. 81 Justice Kennedy wrote an opinion concurring in part and concurring in the judgment in which Justice Scalia joined. Justice Thomas wrote an opinion concurring in part and concurring in the judgment. Justice Souter wrote an opinion concurring in part and dissenting in part. Justice Stevens wrote an opinion concurring in part, concurring in the judgment in part, and dissenting in part in which Justices Ginsberg and Breyer joined and in which Justice Souter joined in Part I. 82 Lorillard Tobacco Co. etal v. Reilly, Attorney General of Massachusetts etal., No. 00596, 2001 S. Ct., available at FindLaw, http://www.findlaw.com 83 Id. 84 See CA Gearty, The European Court of Human Rights and the Protection of Civil Liberties: An Overview, 52(1) Cambridge Law Journal 89 (1993). 85 Id at 90. 86 Id at 90. 87 See Council of Europe: Explanatory Report and Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby para. 21 (May 11, 1994), reprinted in 33 I.L.M. 943 (1994). 88 See Les Carnegie, Privacy and the Press: The Impact of Incorporating the European Convention on Human Rights in the United Kingdom, 9 Duke Journal of Comparative International Law 311 (1998). 89 See Council of Europe, supra note 87, at para. 23. 90 See Frances Gibb, Human Rights Go to Court, TIMES (London), Nov. 3, 1998, available in 1998 WL 4872482. 91 See CA Gearty, supra note 84 at 91. 92 See Council of Europe, supra note 87, at para 38.

Authors: Hollerbach, Karie.
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ICA 1-10808 28
64
509 U.S. 418 (1993).
65
Id at 418.
66
115 S. Ct. 1585 (1995).
67
Id at 1593-94.
68
116 S. Ct. 1495 (1996).
69
Id at 1510.
70
Id at 1510.
71
Field, supra note 12 at 74.
72
116 S. Ct. 1495 (1996).
73
Justice Stevens wrote the Court’s principal opinion. Justices Scalia and Thomas
issued separate concurring opinions, while Justice O’Connor wrote an opinion concurring
in the judgment that Chief Justice Rehnquist, Justice Souter and Justice Breyer signed.
74
Id at 1520 (Thomas, J., concurring).
75
Id at 1520 (Thomas, J. concurring).
76
119 S. Ct. 1923 (1999).
77
See Arlen Langvardt, The Incremental Strengthening of First Amendment
Protection for Commercial Speech: Lessons from Greater New Orleans Broadcasting,
37 American Business L. Journal 581 (2000).
78
119 S. Ct. 1930 (1999).
79
No. 00596, 2001 S. Ct., available at FindLaw, http://www.findlaw.com
80
Id at Part III A.
81
Justice Kennedy wrote an opinion concurring in part and concurring in the
judgment in which Justice Scalia joined. Justice Thomas wrote an opinion concurring in
part and concurring in the judgment. Justice Souter wrote an opinion concurring in part
and dissenting in part. Justice Stevens wrote an opinion concurring in part, concurring in
the judgment in part, and dissenting in part in which Justices Ginsberg and Breyer joined
and in which Justice Souter joined in Part I.
82
Lorillard Tobacco Co. etal v. Reilly, Attorney General of Massachusetts etal.,
No. 00596, 2001 S. Ct., available at FindLaw, http://www.findlaw.com
83
Id.
84
See CA Gearty, The European Court of Human Rights and the Protection of
Civil Liberties: An Overview, 52(1) Cambridge Law Journal 89 (1993).
85
Id at 90.
86
Id at 90.
87
See Council of Europe: Explanatory Report and Protocol No. 11 to the
Convention for the Protection of Human Rights and Fundamental Freedoms,
Restructuring the Control Machinery Established Thereby
para. 21 (May 11, 1994),
reprinted in 33 I.L.M. 943 (1994).
88
See Les Carnegie, Privacy and the Press: The Impact of Incorporating the
European Convention on Human Rights in the United Kingdom, 9 Duke Journal of
Comparative International Law 311 (1998).
89
See Council of Europe, supra note 87, at para. 23.
90
See Frances Gibb, Human Rights Go to Court, TIMES (London), Nov. 3, 1998,
available in 1998 WL 4872482.
91
See CA Gearty, supra note 84 at 91.
92
See Council of Europe, supra note 87, at para 38.


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