Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 76 (2001)

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600

LORILLARD TOBACCO CO. v. REILLY

Opinion of Stevens, J.

may be invalid for two different reasons. First, the means chosen may be insufficiently related to the ends they purportedly serve. See, e. g., Rubin v. Coors Brewing Co., 514 U. S. 476 (1995) (striking a statute prohibiting beer labels from displaying alcohol content because the provision did not significantly forward the government's interest in the health, safety, and welfare of its citizens). Alternatively, the statute may be so broadly drawn that, while effectively achieving its ends, it unduly restricts communications that are unrelated to its policy aims. See, e. g., United States v. Playboy Entertainment Group, Inc., 529 U. S. 803, 812 (2000) (striking a statute intended to protect children from indecent television broadcasts, in part because it constituted "a significant restriction of communication between speakers and willing adult listeners"). The second difficulty is most frequently encountered when government adopts measures for the protection of children that impose substantial restrictions on the ability of adults to communicate with one another. See, e. g., Playboy Entertainment Group, Inc., supra; Reno v. American Civil Liberties Union, 521 U. S. 844 (1997); Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115 (1989).

To my mind, the 1,000-foot rule does not present a tailoring problem of the first type. For reasons cogently explained in our prior opinions and in the opinion of the Court, we may fairly assume that advertising stimulates consumption and, therefore, that regulations limiting advertising will facilitate efforts to stem consumption.9 See, e. g., Rubin, 514 U. S., at 487; United States v. Edge Broadcasting Co., 509 U. S. 418, 434 (1993); ante, at 557. Furthermore, if the government's intention is to limit consumption by a particular segment of the community—in this case, minors—it is

9 Moreover, even if it were our practice to require a particularized showing of the effects of advertising on consumption, the respondents have met that burden in this suit. See ante, at 557-561 (summarizing the evidence).

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