Tobacco advertising bans and the dark face of Government paternalism

J Luik

This article uses the landmark Chabot judgement to examine the question of the legitimacy of tobacco advertising bans.

Tobacco advertising bans and the dark face of government paternalism

John C. Luik

This article uses the landmark Chabot judgement to examine the question of the legitimacy of tobacco advertising bans. While Justice Chabot's decision has been subsequently overturned on appeal on a point of law, his findings about the failure of tobacco advertising bans to reduce consumption were sustained. The author argues that such advertising bans are antithetical to the very nature of a democratic society in that, first, they are instances of state paternalism that attempt to suppress individual autonomy and diversity through legislating the truth; and second,...

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