Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico
1986 United States Supreme Court case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about Posadas de Puerto Rico Associates v. Tourism Co. of P. R.?
Summarize this article for a 10 year old
Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478 U.S. 328 (1986), was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as regards freedom of speech, equal protection and due process.[1] In a 5–4 decision, the Supreme Court held that the Puerto Rico government (law) could restrict advertisement for casino gambling from being targeted to residents, even if the activity itself was legal and advertisement to tourists was permitted. The U.S. Supreme Court affirmed the Puerto Rico Supreme Court conclusion, as construed by the Puerto Rico Superior Court, that the Act and regulations do not facially violate the First Amendment, nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.[1]
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico | |
---|---|
Argued April 28, 1986 Decided July 1, 1986 | |
Full case name | Posadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al. |
Citations | 478 U.S. 328 (more) 106 S. Ct. 2968; 92 L. Ed. 2d 266 |
Holding | |
Puerto Rico's Games of Chance Act of 1948, as narrowed by the Puerto Rican Superior Court, was not facially unconstitutional because the population specific ban on commercial speech related to casino gambling cleared the Central Hudson standard. | |
Court membership | |
| |
Case opinions | |
Majority | Rehnquist, joined by Burger, White, Powell, O'Connor |
Dissent | Brennan, joined by Marshall, Blackmun |
Dissent | Stevens, joined by Marshall, Blackmun |
Laws applied | |
U.S. Const. amends. I, XIV |
The controversial case has been subsequently referenced with respect to the legality of bans on tobacco advertising, liquor advertising and other advertisement related to gambling. It is regarded as a landmark case in illustrating the elasticity of the Central Hudson standards for regulating commercial speech,[2] as the Court did not request evidence or argument supporting the need of Puerto Rico to regulate such advertisement, but merely accepted that such regulations seemed reasonable. It also implicitly allowed for more strict regulations on commercial speech related to legal but presumably dangerous "vice" activities. Although there have been calls to overturn Posadas and it has been ignored as precedent in some, if not all, subsequent cases, the case has never been officially overruled.