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The Poverty <strong>of</strong> Civil Libertarianism<br />

<strong>and</strong> could not be used for the sale <strong>of</strong> illegal drugs. Los Angeles Times A3<br />

(July 24, 1992).<br />

18 New York Times A] (January 19, 1990), A1 (January 20, 1990), s.1 p.4<br />

(February 18, 1990), s.1 p. 11 (March 18, 1990), A1 (March 10, 1992);<br />

Los Angeles Times A23 (February 24, 1990), A4 (March 13, 1992). In<br />

Boston <strong>and</strong> San Francisco, public transportation bans ads for tobacco <strong>and</strong><br />

liquor; New York just banned tobacco ads. New York Times 16 (June 27,<br />

1992). The Minnesota Department <strong>of</strong> Public Health has launched a<br />

$321,000 campaign to discourage women from smoking. A television<br />

commercial shows two male ad executives admiring a billboard depicting<br />

a young leotard-clad woman smoking. When one exclaims "Women<br />

will love it," the billboard model comes alive <strong>and</strong> stubs out her cigarette<br />

on his head. A radio spot has a female voice thank cigarette makers for<br />

"your portrayal <strong>of</strong> us as shallow <strong>and</strong> superficial. . .for making our hair<br />

smell like an ashtray. . .for staining our teeth <strong>and</strong> increasing our drycleaning<br />

bills. . .for the 52,000 cases <strong>of</strong> lung cancer you cause in women<br />

each year. We only hope we can return the favor some day." New York<br />

Times s.1 p.7 (September 6, 1992).<br />

The U.S. Treasury Department persuaded Black Death vodka (targeted<br />

at young rock fans) to change its name to Black Hat, <strong>and</strong> Crazy Horse malt<br />

liquor to alter its label so that it did not resemble malt whiskey. In the<br />

summer <strong>of</strong> 1991 Heileman's introduced Power Master malt, targeted at<br />

black men, but quickly withdrew it because <strong>of</strong> objections that the name<br />

emphasised its high alcohol content (5.9 per cent). A year later it<br />

introduced Colt 45 Premium in a can with the same design <strong>and</strong> an alcohol<br />

content between 5.9 per cent <strong>and</strong> Colt 45's 4.5 per cent (regular beers are<br />

3.5 per cent). When Dr. Novello condemned all three, the maker <strong>of</strong><br />

Crazy Horse replied: "A free society requires freedom <strong>of</strong> choice in many<br />

areas, not the least <strong>of</strong> which is the consumer's right to select products they<br />

find attractive or distasteful. They vote with their pocketbooks." New<br />

York Times C1 (May 12,1992); Los Angeles Times A16 (May 20, 1992).<br />

19 NewVo/* 777nesA32 (December 13,1991), B2 (December 16, 1991), B3<br />

(December 19, 1991), A16 (January 17, 1992), s.4 p.4 (January 19,<br />

1992), A4 (February 14, 1992), C1 (February 18, 1992), A11 (April 16,<br />

1992). Prosecutors in Nebraska have won convictions against record<br />

stores for selling 2 Live Crew's "As Nasty as They Wanna Be" to minors.<br />

Los Angeles Times F1 (April 23, 1992). Washington State bars sales to<br />

minors <strong>of</strong> records that a judge finds appeal to prurient interests <strong>and</strong> <strong>of</strong>fend<br />

community st<strong>and</strong>ards. New York Times 7 (June 13, 1992).<br />

Nassau County (Long Isl<strong>and</strong>) has banned sales <strong>of</strong> trading cards depicting<br />

"heinous crimes <strong>and</strong> criminals" to those under 17. The publisher <strong>of</strong><br />

the "True Crime" series—110 cards <strong>of</strong> law <strong>of</strong>ficers, gangsters, serial<br />

killers, <strong>and</strong> mass murderers—said she sold 8 million in the first week<br />

($1.25 for a package <strong>of</strong> 12). "They are the biggest selling cards we have<br />

ever had. Every state where there has been an attempt to ban them,<br />

62

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