during 2 years when I was not in the Senate, between 1987 and 1989, I had the privilege of being a partner in a Seattle firm, Davis, Wright and Tremaine, the senior partner of which, Cameron DeVore, is one of the most distinguished first amendment lawyers in the United States. He informed me in no uncertain terms, and I agree with him, that this proposal is clearly and blatantly unconstitutional. You cannot condition a right, a privilege, available to everyone else in the United States, on its abandonment of its first amendment rights--a highly simple proposition. We can and we should limit advertising of cigarettes. We can only do that constitutionally, Mr. President, if we come up with a bill like the proposal made by the State attorneys general that has the agreement of those who are asked to give up their first amendment rights to advertising. Therefore, this amendment should be defeated. On another matter, Mr. President, on Thursday, for the second time, I voted against limitations on attorney's fees in these cases, because in both cases I thought they were unfair. I will soon introduce an amendment that allows higher attorney's fees for those who began these cases early, when they were greatly at risk and ask for lower attorney's fees for those attorneys who got in late, when winning cases of the nature that have been discussed here is like shooting fish in a barrel.
Editor's note · Context
Discussing the constitutionality of a proposal related to cigarette advertising and attorney's fees.
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