Louis Brandeis

“ Other forms of advertising are ordinarily seen as a matter of choice on the part of the observer. The young people as well as the adults have the message of the billboard thrust upon them by all the arts and devices that skill can produce. In the case of newspapers and magazines, there must be some seeking by the one who is to see and read the advertisement. The radio can be turned off, but not so the billboard or street car placard. ”

“ Giving tobacco to a minor, as well as selling it, is a misdemeanor. [2] So is permitting a minor to frequent any place of business while in the act of using tobacco in any form. [3] Mere possession of tobacco by the minor is made a crime. [4] And smoking by any one in any inclosed public place (except a public smoking room designated as such by a conspicuous sign at or near the enterance) is a misdemeanor. [5] In 1921, the Legislature enacted a general prohibition of the sale or giving away of cigarettes or cigarette papers to any person, and of their advertisement in any form. ”

“ The classification alleged to be arbitrary was made in order to comply with the requirement of the Federal Constitution as interpreted and applied by the highest court of the state. Action by a state taken to observe one prohibition of the Constitution does not entail the violation of another. ”