Cite as: 533 U. S. 525 (2001)
Opinion of Thomas, J.
only that commercial advertising that depicts men in a demeaning fashion." 505 U. S., at 388-389 (citations omitted).
In 44 Liquormart, several Members of the Court said much the same thing:
"[W]hen a State entirely prohibits the dissemination of truthful, nonmisleading commercial messages for reasons unrelated to the preservation of a fair bargaining process, there is far less reason to depart from the rigorous review that the First Amendment generally demands." 517 U. S., at 501 (opinion of Stevens, J., joined by Kennedy and Ginsburg, JJ.).
Whatever power the State may have to regulate commercial speech, it may not use that power to limit the content of commercial speech, as it has done here, "for reasons unrelated to the preservation of a fair bargaining process." Such content-discriminatory regulation—like all other content-based regulation of speech—must be subjected to strict scrutiny.
C
In an effort to avoid the implications of these basic principles of First Amendment law, respondents make two principal claims. First, they argue that the regulations target deceptive and misleading speech. See Brief for Respondents 33 ("Petitioners' advertising clearly engenders 'the potential for deception or confusion' that allows for regulation of commercial speech based on its content" (quoting Bolger v. Youngs Drug Products Corp., 463 U. S. 60, 65 (1983))). Second, they argue that the regulations restrict speech that promotes an illegal transaction—i. e., the sale of tobacco to minors. See Brief for Respondents 15 ("The regulations . . . exhibit a close connection to a commercial transaction the State has prohibited").
Neither theory is properly before the Court. For purposes of summary judgment, respondents were willing to as-
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