Video archive of the US Congress

House Proceeding 04-01-09 on Apr 1st, 2009 :: 1:18:10 to 1:21:15
Total video length: 6 hours 6 minutes Stream Tools: Stream Overview | Edit Time

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Lamar S. Smith

1:18:07 to 1:18:28( Edit History Discussion )

Lamar S. Smith: tries to do. with that, i will yield to the the gentleman from -- the ranking republican, mr. smith of texas, so much time as he may consume. the spea gentleman is recognized. smith smith mr. speaker, h.r. 1256 directs the secretary of h.s. to promulgate an interim

Lamar S. Smith

1:18:10 to 1:21:15( Edit History Discussion )
Speech By: Lamar S. Smith

Lamar S. Smith

1:18:29 to 1:18:49( Edit History Discussion )

Lamar S. Smith: final rule that is identical to the f.d.a.'s 1996 rule, which legal experts from across the political spectrum have stated would violate the first amendment. while these experts' views should carry great weight, even more persuasive is the fact that

Lamar S. Smith

1:18:50 to 1:19:11( Edit History Discussion )

Lamar S. Smith: the u.s. supre weighed in on various provisions of the rule finding them in unconstitution. in a court case, the u.s. supreme court struck down a massachusetts statute that was similar in many ways to the f.d.a.'s proposed rule. the statute banned outdoor ads within 1,000 feet of schools, parks and playgrounds and

Lamar S. Smith

1:19:12 to 1:19:32( Edit History Discussion )

Lamar S. Smith: restricted point of sale advertising for tobacco products. the court held that this regulation ran afoul of the test established in the central hudson case, which defines the protection afforded commercial as it was not sufficiently narrowly taylored and would have impacts from community to community.

Lamar S. Smith

1:19:33 to 1:19:55( Edit History Discussion )

Lamar S. Smith: the court then noted that since the massachusetts statute was based on the f.d.a.'s rule, the f.d.a. rule would have similar constitutional problems. as justice sandra day o'connor wrote for the court, quote, the uniformly broad sweep of the

Lamar S. Smith

1:19:56 to 1:20:17( Edit History Discussion )

Lamar S. Smith: demonstrates a lack of tayloring. the proposed rule would require ads to use only black text on a white background. the u.s. supreme court found a similar provision unconstitutional in another court case. in that case, dealing with advertising for legal services, the court held that the use of

Lamar S. Smith

1:20:18 to 1:20:39( Edit History Discussion )

Lamar S. Smith: colors and illustrations in ads is entitled to the same first amendment protections given verbal commercial speech. justice byron white wrote that pictures and illustrations in ads cannot be banned, quote, simply on the strength of the general argument that the visual

Lamar S. Smith

1:20:40 to 1:21:01( Edit History Discussion )

Lamar S. Smith: content of advertisements may under some circumstances, be deceptive or man pulative, end quote. there are numerous speech restrictions in this that raise serious first amendment concerns. this will create a swarm of lawsuits that will only divert us from trying to develop more effective approaches to tobacco

Lamar S. Smith

1:21:02 to 1:21:17( Edit History Discussion )

Lamar S. Smith: use in the united states. to include speech restrictions that a broad ran of legal experts have stated are almost certain to be unconstitutional fatallpains this bill.

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