POLS 3140 Lecture Notes - Lecture 7: Macdonald Tobacco, Tobacco Advertising, Judicial Activism
Document Summary
Week #5 - rjr macdonald"s and the politics of tobacco. Institutional capacity: rights talk, legalization of politics, dialogue. Federal legislation - valid criminal law: violation of freedom of expression, two aspects challenged, ban on tobacco advertising, non attributed health warnings, 5-4 decision to strike down. Section 2(b: everyone has the following fundamental freedoms. Freedom of thought, belief, opinion and expression, including freedom of press and other media communication. Freedom of peaceful assembly: russel - core vs. periphery, search for truth, political participation - can limit laws by the government. La forest: obviously increases consumption. connected to the purpose of the legislation. Informational advertising (mclachlin: no and la forest: yes) - majority says no - the informational ban and unattributes message was struck down. Simply identified brands, product and content: mclachlin: simple information doesn"t increase consumption - logo on lighter, no direct scientific evidence linking advertising band and decrease in tobacco consumption, could even give important health info.