Legal Opinion
R.J. Reynolds Tobacco Co. v. Shewry
Court of Appeals for the Ninth Circuit
Decided September 28, 2004No. 03-16535PublishedCited by 3 opinions
1Opinion of the Court
Opinion by Judge FISHER; Dissent by Judge TROTT
FISHER, Circuit Judge.
We deal here with a novel First Amendment claim. The appellants, three tobacco companies, claim that California violated their First Amendment rights by imposing a surtax on cigarettes and then using some of the proceeds of that surtax to pay for advertisements that criticize the tobacco industry. The tobacco companies argue that this is a case of compelled subsidization of speech prohibited by the First Amendment, analogous to United States v. United Foods, Inc., 533 U.S. 405, 121 S.Ct. 2334, 150 L.Ed.2d 438 (2001).…
2Cases cited37 opinions
- Paul v. DavisSupreme Court of the United States · 1976
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Smith v. PhillipsSupreme Court of the United States · 1982
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
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3Cited by3 opinions
- Michael Caruso v. Yamhill County, an Oregon Municipal Corporation, by and Through Its County Commissioner, and State of Oregon, Intervenor-AppellantCourt of Appeals for the Ninth Circuit · 2005
- Caruso v. State of OregonCourt of Appeals for the Ninth Circuit · 2005
- Reynolds Tobacco Company v. ShewryCourt of Appeals for the Ninth Circuit · 2004