530
Syllabus
chase, so long as that examination takes place through a salesperson. Pp. 567-570.
(e) The Court declines to address the cigar petitioners' First Amendment challenge to a regulation prohibiting sampling or promotional giveaways of cigars and little cigars. That claim was not sufficiently briefed and argued before this Court. Pp. 570-571.
218 F. 3d 30, affirmed in part, reversed in part, and remanded.
O'Connor, J., delivered the opinion of the Court, Parts I, II-C, and II-D of which were unanimous; Parts III-A, III-C, and III-D of which were joined by Rehnquist, C. J., and Scalia, Kennedy, Souter, and Thomas, JJ.; Part III-B-1 of which was joined by Rehnquist, C. J., and Stevens, Souter, Ginsburg, and Breyer, JJ.; and Parts II-A, II-B, III-B-2, and IV of which were joined by Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia, J., joined, post, p. 571. Thomas, J., filed an opinion concurring in part and concurring in the judgment, post, p. 572. Souter, J., filed an opinion concurring in part and dissenting in part, post, p. 590. Stevens, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Ginsburg and Breyer, JJ., joined, and in which Souter, J., joined as to Part I, post, p. 590.
Jeffrey S. Sutton argued the cause for petitioners in No. 00-596. With him on the briefs were Daniel P. Collins, Michael R. Doyen, Fred A. Rowley, Jr., Kenneth S. Geller, Andrew L. Frey, Richard M. Zielinski, John L. Strauch, Gregory G. Katsas, John B. Connarton, Jr., Patricia A. Barald, and David H. Remes. James V. Kearney filed a brief for petitioners in No. 00-597. With Mr. Kearney on the brief were Christopher Harris and Richard P. Bress. Peter J. McKenna and Eric S. Sarner filed a brief for petitioner U. S. Smokeless Tobacco Company in both cases. William W. Porter, Assistant Attorney General of the Commonwealth of Massachusetts, argued the cause for respondents in both cases. With him on the brief were Thomas F. Reilly, Attorney General, and Susan Paulson, Assistant Attorney General.
Acting Solicitor General Underwood argued the cause for the United States as amicus curiae urging affirmance.
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