Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 77 (2001)

Page:   Index   Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next

Cite as: 533 U. S. 525 (2001)

Opinion of Stevens, J.

appropriate, indeed necessary, to tailor advertising restrictions to the areas where that segment of the community congregates—in this case, the area surrounding schools and playgrounds.

However, I share the majority's concern as to whether the 1,000-foot rule unduly restricts the ability of cigarette manufacturers to convey lawful information to adult consumers. This, of course, is a question of line-drawing. While a ban on all communications about a given subject would be the most effective way to prevent children from exposure to such material, the State cannot by fiat reduce the level of discourse to that which is "fit for children." Butler v. Michigan, 352 U. S. 380, 383 (1957); cf. Bolger v. Youngs Drug Products Corp., 463 U. S. 60, 74 (1983) ("The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox"). On the other hand, efforts to protect children from exposure to harmful material will undoubtedly have some spillover effect on the free speech rights of adults. See, e. g., FCC v. Pacifica Foundation, 438 U. S. 726, 749-750, and n. 28 (1978).

Finding the appropriate balance is no easy matter. Though many factors plausibly enter the equation when calculating whether a child-directed location restriction goes too far in regulating adult speech, one crucial question is whether the regulatory scheme leaves available sufficient "alternative avenues of communication." Renton v. Playtime Theatres, Inc., 475 U. S. 41, 50 (1986); Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789, 819 (1984) (Brennan, J., dissenting); accord, ante, at 563. Because I do not think the record contains sufficient information to enable us to answer that question, I would vacate the award of summary judgment upholding the 1,000-foot rule and remand for trial on that issue. Therefore, while I agree with the majority that the Court of Appeals did not sufficiently consider the implications of the 1,000-foot rule for the lawful communication of adults, see ante, at 561-566,

601

Page:   Index   Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next

Last modified: October 4, 2007