Posadas de Puerto Rico Ass. v. Tourism Co. of PR

Case Date: 04/28/1986
Docket No: none

Facts of the Case 

A Puerto Rican law restricted advertising by the island's casino gambling establishments. Even though gambling was a legal activity in Puerto Rico, the law only allowed advertising that was targeted at tourists.

Question 

Did the law violate the First Amendment?

Argument Posadas de Puerto Rico Ass. v. Tourism Co. of PR - Oral ArgumentFull Transcript Text  Download MP3 Conclusion  Decision: 5 votes for Tourism Co. of PR, 4 vote(s) against Legal provision: Equal Protection

No. The Court held that the Act passed the constitutional test for restrictions on commercial speech. Justice Rehnquist argued that Puerto Rico's desire to protect the "health, safety, and welfare of its citizens" by attempting to isolate them from casino advertising served a "substantial government interest." The law was clearly drawn and directly related to the government's goal of minimizing the ill effects, such as prostitution and crime, that gambling cultivates in local communities.