1. 103 There is a long-standing “time, place or manner” test under the First Amendment that is a form of intermediate scrutiny similar to the O'Brien test, but that test applies only to content-neutral restrictions on speech, i.e., restrictions that are imposed without regard to the content of the speech at issue. See, e.g., Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). Regulations of tobacco advertising usually are not considered content neutral because they single out one kind of message – about tobacco products – for regulation.
2. “‘Vice’ Advertising under the Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis,”;Hoefges;Hastings Communications and Entertainment Law Journal,2000
3. 67 Bd. of Trustees of the State Univ. of N.Y. v. Fox, 492 U.S. 469, 480 (1989).
4. 117 See Zauderer, 471 U.S. 626; Am. Meat Inst., 760 F.3d 18; Disc. Tobacco City, 674 F.3d 509.
5. 86 Id., at 539–543.