Cite as: 533 U. S. 525 (2001)
Opinion of Stevens, J.
involving the First Amendment—is more complex. Because I strongly disagree with the Court's conclusion that the Federal Cigarette Labeling and Advertising Act of 1965 (FCLAA or Act), 15 U. S. C. § 1331 et seq., as amended, precludes States and localities from regulating the location of cigarette advertising, I dissent from Parts II-A and II-B of the Court's opinion. On the First Amendment questions, I agree with the Court both that the outdoor advertising restrictions imposed by Massachusetts serve legitimate and important state interests and that the record does not indicate that the measures were properly tailored to serve those interests. Because the present record does not enable us to adjudicate the merits of those claims on summary judgment, I would vacate the decision upholding those restrictions and remand for trial on the constitutionality of the outdoor advertising regulations. Finally, because I do not believe that either the point-of-sale advertising restrictions or the sales practice restrictions implicate significant First Amendment concerns, I would uphold them in their entirety.
I
As the majority acknowledges, ante, at 541-542, under prevailing principles, any examination of the scope of a preemption provision must " 'start with the assumption that the historic police powers of the States [are] not to be superseded by . . . Federal Act unless that [is] the clear and manifest purpose of Congress.' " Cipollone v. Liggett Group, Inc., 505 U. S. 504, 516 (1992) (quoting Rice v. Santa Fe Elevator Corp., 331 U. S. 218, 230 (1947)); see also, e. g., California Div. of Labor Standards Enforcement v. Dillingham Constr., N. A., Inc., 519 U. S. 316, 325 (1997); Medtronic, Inc. v. Lohr, 518 U. S. 470, 475 (1996). As the regulations at issue in this suit implicate two powers that lie at the heart of the States' traditional police power—the power to regulate land usage and the power to protect the health and safety of minors—our precedents require that the Court construe the pre-emption provision "narrow[ly]." Id., at 485;
591
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