Establishment clause prohibits congress mandating state

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Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter.

The briefs advise the court of relevant, additional information or arguments that the court might wish to consider.

Supreme Court of the United States Decided: December 15, 2008 Whether tobacco companies can be sued under state law for deceptive advertising of “light” cigarettes or whether federal law prohibits such lawsuits.

The plaintiffs in this class action smoked “light” cigarettes manufactured by Philip Morris for over 15 years.

The court concluded that such interference with a display by the City was directly preempted by the FCLAA provision prohibiting states from imposing additional requirements with respect to tobacco companies’ promotional messages.