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cigarettes. Court said state restrictions on tobacco advertising violated First Amendment Writing for the majority, Justice Sandra Day OConnor agreed with the First Circuit Court of Appeals regarding the FCLAA pre-emption, but the Court also had to address whether Massachusetts regulations limiting advertising within 1,000 feet of schools and similar regulations were justified as proper zoning regulations or regulations designed to protect youth

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Duran said the preemption language came from the House leadership, which has a very focused agenda on chipping away local control on all levels