Can the Colorado Legislature Control What People Read in Marijuana Ads?

In a law recently passed, the Colorado legislature has forbidden retail marijuana advertising in publications where the target age is less than 21 years of age.

Regulating Content of Ads

Regulation of speech based on the content of that speech (in this case marijuana ads) is highly suspect and likely to be overturned by the courts as violating the freedom of speech laws in the United States and Colorado Constitutions. (Newspaper ads are protected by the free speech protections in our state and federal Constitutions.)

Free Speech vs Government Restrictions

This law is obviously an attempt to control what people read and see in advertising. However, the Constitutions forbid regulation of what people read based on the content of what they read. Simply put, free speech trumps government paternalism.

Colorado Defense Attorney Shaun Kaufman

Call 24/7: 303-309-0430

Shaun Kaufman Law, P.C., always seeks to protect individual liberties like freedom of speech from big government. If you have a question about freedom of speech, contact Shaun Kaufman today by filling out the contact form on the right side of this screen or by calling the Shaun Kaufman Law office at 303-309-0420 at any time of the day, weekends and holidays included.