posadas de puerto rico assoc tourism argued april decided july puerto rico games chance act act legalizes certain forms casino gambling licensed places order promote development tourism also provides gambling room shall permitted advertise otherwise offer facilities public puerto rico implementing regulations prohibit advertising gambling parlors public puerto rico permit restricted advertising publicity media outside puerto rico appellant partnership franchised operate casino puerto rico fined appellee public corporation authorized administer act violating advertising restrictions act regulations appellant filed suit appellee puerto rico superior seeking declaratory judgment act regulations facially applied appellee impressibly suppressed commercial speech violation first amendment equal protection due process guarantees federal constitution held advertising restrictions unconstitutionally applied appellant past conduct adopted narrowing construction act regulations declaring prohibited local advertising addressed inviting residents puerto rico visit casinos certain local advertising addressed tourists even though might incidentally reach attention residents held based construction laws statute regulations facially constitutional puerto rico dismissed appellant appeal ground id present substantial constitutional question held jurisdiction review puerto rico decision pursuant authorizes appeal decision puerto rico favor validity puerto rico statute challenged repugnant federal constitution appellant federal constitutional claims adequately raised every stage proceedings puerto rico law appellant right appeal superior decision puerto rico ground case involved decided substantial constitutional question federal constitution thus puerto rico dismissal appeal want substantial constitutional question constituted decision merits favor validity challenged statute regulations jurisdiction affected appellant late filing puerto rico rules civil procedure notice appeal puerto rico since held filing requirement nonjurisdictional failure dismiss timeliness grounds must viewed waiver requirement pp reviewing facial constitutionality act regulations must abide narrowing constructions announced superior approved sub silentio puerto rico rule case originating one puerto rico status commonwealth dictates application rule act regulations construed superior facially violate first amendment advertising restrictions pass muster test central hudson gas electric public service new york first particular kind commercial speech issue concerns lawful activity misleading fraudulent least abstract thus entitled limited form first amendment protection second puerto rico interest restricting advertising reduce demand casino gambling puerto rico residents thus protect health safety welfare constitutes substantial governmental interest third restrictions commercial speech directly advance government asserted interest underinclusive simply kinds gambling may advertised puerto rico residents fourth restrictions extensive necessary serve government interest since construed superior affect advertising aimed tourists apply advertising aimed puerto rico residents carey population services international bigelow virginia distinguished merit appellant argument chosen legalize casino gambling puerto rico residents legislature prohibited first amendment using restrictions advertising accomplish goal reducing demand gambling pp puerto rico properly concluded construed superior act regulations facially violate due process equal protection guarantees constitution even assuming appellant argument advertising restrictions unconstitutionally vague violation due process requirements merit respect bare statutory language nevertheless bound superior narrowing construction statute viewed light particularly interpretive assistance regulations modified superior statute unconstitutionally vague pp rehnquist delivered opinion burger white powell joined brennan post stevens post filed dissenting opinions marshall blackmun joined maria milagros soto argued cause filed briefs appellant lino saldana argued cause filed brief appellee briefs amici curiae urging reversal filed american association advertising agencies david versfelt evan stewart american broadcasting companies et al carl ramey timothy dyk sally katzen valerie schulte stanley paige american civil liberties union margaret mckeown burt neuborne charles sims american federation labor congress industrial organizations robert weinberg peter shinevar laurence gold american newspaper publishers association cameron devore marshall nelson terry maguire national broadcasting floyd abrams dean ringel corydon dunham howard monderer briefs amici curiae filed atlantic city casino association herbert miller david stewart association national advertisers gilbert weil justice rehnquist delivered opinion case address facial constitutionality puerto rico statute regulations restricting advertising casino gambling aimed residents puerto rico appellant posadas de puerto rico associates business puerto rico condado holiday inn hotel sands casino filed suit appellee tourism company puerto rico superior puerto rico san juan section appellant sought declaratory judgment statute regulations facially applied tourism company impressibly suppressed commercial speech violation first amendment equal protection due process guarantees constitution superior held advertising restrictions unconstitutionally applied appellant past conduct adopted narrowing construction statute regulations held based construction facially constitutional puerto rico dismissed appeal ground id present substantial constitutional question postponed consideration question jurisdiction hearing merits hold jurisdiction hear appeal affirm decision puerto rico respect facial constitutionality advertising restrictions puerto rico legislature legalized certain forms casino gambling games chance act act may act authorized playing roulette dice card games licensed gambling rooms codified amended laws tit bingo slot machines later added list authorized games chance act see act june bingo act july pt slot machines legislature intent set forth act statement motives purpose act contribute development tourism means authorization certain games chance customary recreation places great tourist centers world establishment regulations strict surveillance said games government order ensure tourists best possible safeguards time opening treasurer puerto rico additional source income games chance act act may act authorized economic development administration puerto rico issue enforce regulations implementing various provisions act see codified amended laws tit appellee tourism company puerto rico public corporation assumed regulatory powers economic development administration act see act june codified laws tit supp two regulations issue case originally issued purpose implementing advertising restrictions contained act regulation basically reiterates language see regulation amended provides pertinent part concessionaire agent employee authorized advertise gambling parlors public puerto rico advertising games chance hereby authorized newspapers magazines radio television publicity media outside puerto rico subject prior editing approval tourism development company advertisement submitted draft company prohibition includes use word casino matchbooks lighters envelopes external correspondence invoices napkins brochures menus elevators glasses plates lobbies banners flyers paper holders pencils telephone books directories bulletin boards hotel dependency object may accessible public puerto rico app appellant filed declaratory judgment action tourism company superior puerto rico san juan section seeking declaration act implementing regulations facially applied tourism company violated appellant commercial speech rights constitution puerto rico secretary justice appeared purpose defending constitutionality statute regulations trial superior held administrative interpretation application sic capricious arbitrary erroneous unreasonable sic produced absurd results contrary law app juris statement therefore determined must override regulatory deficiency save constitutionality statute reviewed history casino gambling puerto rico concluded assume legislator worried participation residents puerto rico date constituted experiment therefore prohibited gaming rooms announcing offering public reasonably infer bona fide residents puerto rico hat legislator foresaw prohibited invitation play casinos publicity campaigns advertising puerto rico addressed resident puerto rico wanted protect advertisements casinos puerto rico prohibited local publicity media addressed inviting residents puerto rico visit casinos hereby allow within jurisdiction puerto rico advertising casinos addressed tourists provided invite residents puerto rico visit casino even though said announcements may incidentally reach hands resident within ads casinos allowed regulation figure illustrative purposes advertising distributed placed landed airplanes cruise ships jurisdictional waters restricted areas travelers international airport docks tourist cruise ships arrive since principal objective said announcements make tourist transit puerto rico aware availability games chance tourist amenity ads casinos magazines distribution primarily puerto rico tourist including official guide tourism company que pasa puerto rico tourist facility guide puerto rico even though said magazines may available residents movies television radio newspapers trade magazines may published taped filmed exterior tourism promotion exterior even though may exposed incidentally circulated puerto rico example advertisement new york times advertisement cbs reaches us cable tv whose main objective reach potential tourist hereby authorize advertising mass communication media country trade name hotel used even though may contain reference casino provided word casino never used alone specified among announcements allowed way illustration use trade name hotel identified promotion special vacation packages activities hotel invitations billboards bulletins programs activities sponsored hotel use trade name including reference casino also allowed hotel facade provided word casino exceed proportion size rest name utilization lights colors allowed rest laws regarding application complied menus napkins glasses tableware glassware items used within hotel well calling cards envelopes letterheads hotel use constitutes means identification direct promotion casinos within premises hotels allowed guests clients may receive type information promotion regarding location casino schedule procedure games well magazines souvenirs stirrers matchboxes cards dice chips hats photographs postcards similar items used tourism centers world since clausus enumeration regulation unforeseeable situation incident relating legal restriction must measured light public policy promoting tourism object advertisement tourist passes legal scrutiny puerto rico dismissed appellant appeal superior decision ground id present substantial constitutional question see laws tit treating appellant submission petition writ review see denied petition one judge dissented hold jurisdiction review decision puerto rico federal statute specifically authorizes appeal decision puerto rico drawn question validity statute commonwealth puerto rico ground repugnant constitution treaties laws decision favor validity careful review record case reveals appellant federal constitutional claims adequately raised every stage proceedings letter tourism company february prior filing suit appellant warned absent reinterpretation advertising restrictions tourism company choice challenge constitutionality validity advertising prohibition act regulations app juris statement complaint appellant claimed advertising restrictions violat ed constitutional rights petitioner protected first amendment constitution constitutional guarantee equal protection laws protected constitution constitutional guarantee due process law bill appeal puerto rico appellant claimed advertising restrictions violated first amendment constitution along due process law guaranteed constitution equal protection laws puerto rico law appellant right appeal superior decision puerto rico ground case involv ed decid ed substantial constitutional question constitution laws tit dismissal appellant appeal want substantial constitutional question therefore constituted decision merits favor validity challenged statute regulations see tumey ohio situation jurisdiction review decision pursuant tourism company argues however appellant notice appeal timely filed clerk puerto rico violation rule puerto rico rules civil procedure according tourism company flaw fatal appellant right seek review agree requirement rule notice appeal timely filed clerk reviewing held puerto rico nonjurisdictional see morales mendez mas case dismiss appellant appeal timeliness grounds assume waived timeliness requirement power appellant late filing notice appeal affect jurisdiction turning merits appellant first amendment claim must address additional preliminary matter although heretofore squarely addressed issue context case originating puerto rico think obvious reviewing facial constitutionality challenged statute regulations must abide narrowing constructions announced superior approved sub silentio puerto rico certainly rule case originating one see new york ferber kingsley international pictures regents believe puerto rico status commonwealth dictates application rule see pearson yacht leasing noting approval decisions lower federal courts holding puerto rico deemed sovereign matters ruled constitution wackenhut aponte supp pr puerto rico primary opportunity courts determine intended scope legislation aff case involves restriction pure commercial speech propose commercial transaction virginia pharmacy board virginia citizens consumer council first amendment analysis guided general principles identified central hudson gas electric public service new york see zauderer office disciplinary counsel central hudson commercial speech receives limited form first amendment protection long concerns lawful activity misleading fraudulent determined first amendment applies particular kind commercial speech issue speech may restricted government interest substantial restrictions directly advance government asserted interest restrictions extensive necessary serve interest particular kind commercial speech issue namely advertising casino gambling aimed residents puerto rico concerns lawful activity misleading fraudulent least abstract must therefore proceed three remaining steps central hudson analysis order determine whether puerto rico advertising restrictions run afoul first amendment first three steps involves assessment strength government interest restricting speech interest stake case determined superior reduction demand casino gambling residents puerto rico appellant acknowledged existence interest february letter tourism company see app juris statement legislators wanted tourists flock casinos gamble people tourism company brief explains legislature belief xcessive casino gambling among local residents produce serious harmful effects health safety welfare puerto rican citizens disruption moral cultural patterns increase local crime fostering prostitution development corruption infiltration organized crime brief appellees concerns course motivated vast majority prohibit casino gambling difficulty concluding puerto rico legislature interest health safety welfare citizens constitutes substantial governmental interest cf renton playtime theaters city substantial interest preserving quality life community large last two steps central hudson analysis basically involve consideration fit legislature ends means chosen accomplish ends step three asks question whether challenged restrictions commercial speech directly advance government asserted interest instant case answer question clearly yes puerto rico legislature obviously believed enacted advertising restrictions issue advertising casino gambling aimed residents puerto rico serve increase demand product advertised think legislature belief reasonable one fact appellant chosen litigate case way indicates appellant shares legislature view see central hudson supra immediate connection advertising demand electricity central hudson contest advertising ban unless believed promotion increase sales cf metromedia san diego plurality opinion white finding third prong central hudson test satisfied legislative judgment manifestly unreasonable appellant argues however challenged advertising restrictions underinclusive kinds gambling horse racing cockfighting lottery may advertised residents puerto rico appellant argument misplaced two reasons first whether kinds gambling advertised puerto rico restrictions advertising casino gambling directly advance legislature interest reducing demand games chance see plurality opinion white hether onsite advertising permitted prohibition offsite advertising directly related stated objectives traffic safety esthetics altered fact ordinance underinclusive permits onsite advertising second legislature interest previously identified necessarily reduce demand games chance reduce demand casino gambling according superior horse racing cockfighting picas small games chance fiestas lottery traditionally part puerto rican roots legislator flexible authorizing sophisticated games widely sponsored people app juris statement words legislature felt puerto ricans risks associated casino gambling significantly greater associated traditional kinds gambling puerto rico view legislature separate classification casino gambling purposes advertising ban satisfies third step central hudson analysis also think clear beyond peradventure challenged statute regulations satisfy fourth last step central hudson analysis namely whether restrictions commercial speech extensive necessary serve government interest narrowing constructions advertising restrictions announced superior ensure restrictions affect advertising casino gambling aimed tourists apply advertising aimed residents puerto rico see also infra cf oklahoma telecasters assn crisp rev grounds sub nom capital cities cable crisp appellant contends however first amendment requires puerto rico legislature reduce demand casino gambling among residents puerto rico suppressing commercial speech might encourage gambling promulgating additional speech designed discourage reject contention think legislature decide whether counterspeech policy effective reducing demand casino gambling restriction advertising legislature conclude apparently residents puerto rico already aware risks casino gambling yet nevertheless induced widespread advertising engage potentially harmful conduct cf capital broadcasting mitchell supp dc congress convincing evidence labeling act materially reduced incidence smoking summarily aff sub nom capital broadcasting acting attorney general dunagin city oxford en banc believe less restrictive time place manner restriction disclaimer warning dangers alcohol effective state concern public unaware dangers alcohol concern instead advertising unduly promote alcohol consumption despite known dangers cert denied short conclude statute regulations issue case construed superior pass muster prong central hudson test therefore hold puerto rico properly rejected appellant first amendment claim appellant argues however challenged advertising restrictions constitutionally defective decisions carey population services international bigelow virginia carey struck ban advertisement display contraceptives bigelow reversed criminal conviction based advertisement abortion clinic think appellant argument ignores crucial distinction carey bigelow decisions instant case carey bigelow underlying conduct subject advertising restrictions constitutionally protected prohibited state hand puerto rico legislature surely prohibited casino gambling residents puerto rico altogether view greater power completely ban casino gambling necessarily includes lesser power ban advertising casino gambling carey bigelow hence inapposite appellant also makes related argument chosen legalize casino gambling residents puerto rico legislature prohibited first amendment using restrictions advertising accomplish goal reducing demand gambling disagree view appellant argument backwards noted preceding paragraph precisely government enacted wholesale prohibition underlying conduct permissible government take less intrusive step allowing conduct reducing demand restrictions advertising surely pyrrhic victory casino owners appellant gain recognition first amendment right advertise casinos residents puerto rico thereby force legislature banning casino gambling residents altogether surely strange constitutional doctrine concede legislature authority totally ban product activity deny legislature authority forbid stimulation demand product activity advertising behalf profit increased demand legislative regulation products activities deemed harmful cigarettes alcoholic beverages prostitution varied outright prohibition one hand see cal penal code ann west supp prohibiting soliciting engaging act prostitution legalization product activity restrictions stimulation demand hand see rev stat authorizing licensing houses prostitution except counties population prohibiting advertising houses prostitution public theater public streets city town public highway place business rule latter intermediate kind response require find first amendment appellant final argument opposition advertising restrictions unconstitutionally vague particular appellant argues statutory language advertise otherwise offer facilities public puerto rico sufficiently defined satisfy requirements due process appellant also claims term anunciarse appears controlling spanish version statute actually broader english term advertise construed mean simply make known even assuming appellant argument merit respect bare statutory language however already noted bound superior narrowing construction statute viewed light construction particularly interpretive assistance implementing regulations modified superior find statute unconstitutionally vague foregoing reasons decision puerto rico construed superior games chance act implementing regulations facially violate first amendment due process equal protection guarantees constitution affirmed ordered footnotes hotel purchased williams electronics corporation organized public corporation delaware law posadas de puerto rico associates business puerto rico condado plaza hotel casino news tourism company decision levy fine appellant reached new jersey gaming commission caused commission consider denying petition filed appellant parent company franchise operate casino state addition decision concerning advertising restrictions superior declared unconstitutional regulation required male casino patrons wear dinner jackets casino described dinner jacket requirement basically condition sex found legislature reasonable interest warrant dissimilar classification based sex see app juris statement puerto rico law notice appeal apparently due clerk office day following docketing superior judgment puerto rico rule certificate acting chief clerk puerto rico indicates appellant notice appeal filed day rigid rule deference interpretations puerto rico law puerto rico courts particularly appropriate given unique cultural legal history puerto rico see diaz gonzalez holmes stated many times deference due understanding local courts upon matters purely local concern especially true dealing decisions inheriting brought different system prevails narrowing construction statute regulations announced superior effectively ensures advertising restrictions used inhibit either freedom press puerto rico report aspect casino gambling freedom anyone including casino owners comment publicly matters legislation relating casino gambling see zauderer office disciplinary counsel noting ohio ban advertising legal services dalkon shield cases placed general restrictions appellant right publish facts express opinions regarding dalkon shield litigation pittsburgh press pittsburgh human relations emphasizing nothing holding allows government level forbid pittsburgh press publish distribute advertisements commenting ordinance enforcement practices commission propriety sex preferences employment jackson jeffries commercial speech economic due process first amendment rev political dialogue core first amendment history legalized gambling puerto rico supports superior view legislature intent casino gambling prohibited puerto rico first half century see puerto rico penal code rev stats codes porto rico puerto rico penal code made misdemeanor deal play carry open conduct game faro monte roulette fantan poker seven half twenty one game chance played cards dice device money checks credit representative value see laws tit longstanding prohibition casino gambling stood stark contrast puerto rico legislature early legalization horse racing see act mar repealed act apr see laws tit supp picas see act apr codified amended laws tit dog racing see act apr repealed act june see laws tit prohibiting dog racing cockfighting see act repealed act may see laws tit puerto rico lottery see may repealed act may see laws ann tit supp apparent discussion first amendment issue particularly third fourth prongs central hudson test appellant fare better equal protection guarantee constitution cf renton playtime theaters sufficient fit legislature means ends satisfy concerns first amendment fit surely adequate applicable rational basis equal protection analysis see dunagin city oxford en banc cert denied justice stevens dissent asserts additional equal protection claim raised appellant either puerto rico statute regulations impressibly discriminate different kinds publications post justice stevens misunderstands nature superior limiting construction statute regulations according superior object advertisement tourist passes legal scrutiny see app juris statement clear opinion basic test applies regardless whether advertisement appears local nonlocal publication course likelihood casino advertisement appearing new york times primarily addressed tourists puerto rico residents far greater case similar advertisement appearing san juan star simply demographics two newspapers readerships form discrimination part puerto rico legislature superior produces result see also prohibiting cigarette advertising medium electronic communication subject jurisdiction federal communications commission upheld capital broadcasting mitchell supp dc summarily aff sub nom capital broadcasting acting attorney general stat prohibiting signs except one sign per product liquor store windows mass laws authorizing alcoholic beverages control commission regulate liquor advertising miss code ann supp prohibiting forms liquor sign advertising upheld dunagin city oxford supra ohio rev code ann authorizing liquor control commission regulate liquor advertising prohibiting advertising beer prices upheld queensgate investment liquor control ohio appeal dism want substantial federal question okla art okla tit prohibiting liquor advertising except one storefront sign upheld oklahoma telecasters assn crisp rev grounds sub nom capital cities cable crisp utah code ann repealed prohibiting liquor advertising except one storefront sign justice stevens claims superior narrowing construction creates impressible prior restraint protected speech required submission certain casino advertising appellee prior approval see post argument raised appellant either therefore express view constitutionality particular portion superior narrowing construction cited justice stevens justice brennan justice marshall justice blackmun join dissenting puerto rico games chance act act may legalizes certain forms casino gambling puerto rico section act nevertheless prohibits gambling casinos advertis ing otherwise offer ing facilities public puerto rico codified amended laws tit neither language applicable regulations define constitutes advertis ing otherwise offer ing gambling facilities public puerto rico appellee tourism company found applied act arbitrary confusing manner ameliorate problem puerto rico superior avoid declaration unconstitutionality construed ban advertisements offerings directed residents puerto rico listed examples kinds advertisements considered permissible act doubt interpretation assure arbitrary unreasonable applications longer occur however even assuming appellee enforce nonarbitrary manner believe puerto rico constitutionally may suppress truthful commercial speech order discourage residents engaging lawful activity well settled first amendment protects commercial speech unwarranted governmental regulation see virginia pharmacy board virginia citizens consumer council commercial expression serves economic interest speaker also assists consumers furthers societal interest fullest possible dissemination information central hudson gas electric public service new york decisions recognized however distinction speech proposing commercial transaction occurs area traditionally subject government regulation varieties speech ohralik ohio state bar therefore held constitution accords less protection commercial speech constitutionally safeguarded forms expression bolger youngs drug products thus first amendment ordinarily prohibits regulation speech based content communicated message government may regulate content commercial speech order prevent dissemination information false deceptive misleading see zauderer office disciplinary counsel friedman rogers ohralik supra proposes illegal transaction see pittsburgh press pittsburgh human relations however consistently invalidated restrictions designed deprive consumers accurate information products services legally offered sale see bates state bar arizona lawyer services carey population services international contraceptives linmark associates willingboro housing virginia pharmacy board supra pharmaceuticals bigelow virginia abortions see reason commercial speech afforded less protection types speech government seeks suppress commercial speech order deprive consumers accurate information concerning lawful activity commercial speech considered different kinds protected expression advertisers particularly well suited evaluate accuracy messages lawfulness underlying activity central hudson commercial speech offspring economic hardy breed expression particularly susceptible crushed overbroad regulation ibid quoting bates supra see also friedman supra virginia pharmacy board supra differences held justify permissive approach regulation manner commercial speech purpose protecting consumers deception coercion differences explain doctrines designed prevent chilling protected speech inapplicable commercial speech central hudson supra blackmun concurring judgment see linmark associates supra virginia pharmacy board supra however differences commercial kinds speech justify protecting commercial speech less extensively government seeks manipulate private behavior depriving citizens truthful information concerning lawful activities even though commercial speech involved kind restriction strikes heart first amendment covert attempt state manipulate choices citizens persuasion direct regulation depriving public information needed make free choice state policy choices insulated visibility scrutiny direct regulation entail conduct citizens molded information government chooses give central hudson supra blackmun concurring judgment ii rather applying strict scrutiny evaluates puerto rico advertising ban relaxed standards normally used test government regulation commercial speech even standards however believe puerto rico constitutionally may suppress casino advertising directed residents correctly recognizes particular kind commercial speech issue namely advertising casino gambling aimed residents puerto rico concerns lawful activity misleading fraudulent ante commercial speech precedents puerto rico constitutionally may restrict truthful speech concerning lawful activity interest substantial restrictions directly advance commonwealth asserted interest restrictions extensive necessary advance interest see zauderer supra central hudson supra tipping hat standards little defer perceives determination puerto rico legislature ban casino advertising aimed resident reasonable totally ignores fact commercial speech entitled substantial first amendment protection giving government unprecedented authority eviscerate constitutionally protected expression asserts commonwealth legitimate substantial interest discouraging residents engaging casino gambling according legislature believed xcessive casino gambling among local residents produce serious harmful effects health safety welfare puerto rican citizens disruption moral cultural patterns increase local crime fostering prostitution development corruption infiltration organized crime ante quoting brief appellees neither statute face legislative history indicates puerto rico legislature thought serious harm result residents allowed engage casino gambling indeed available evidence suggests exactly opposite puerto rico legalized gambling casinos permits residents patronize thus puerto rico legislature determined permitting residents engage casino gambling produce serious harmful effects led majority ban activity residents puerto rico also permitted engage variety gambling activities including horse racing picas cockfighting puerto rico lottery allowed advertise freely residents indeed surely farfetched suppose legislature chose restrict casino advertising evils casino gambling preferred puerto ricans spend gambling dollars puerto rico lottery event light legislature determination serious harm result residents permitted encouraged gamble see puerto rico interest discouraging residents engaging casino gambling characterized substantial even legislature actually asserted interest course cf capital cities cable crisp oklahoma selective regulation liquor advertising suggests limits substantiality interests asserts metromedia san diego brennan concurring judgment billboards alone banned steps contemplated likely commitment city improving physical environment placed doubt nevertheless sustains puerto rico advertising ban legislature determined casino gambling seriously harm health safety welfare puerto rican citizens ante reasoning contrary first amendment jurisprudence government seeks place restrictions upon commercial speech may implies today simply speculate valid reasons government might enacting restrictions rather government ultimately bears burden justifying challenged regulation incumbent upon government prove interests seeks real substantial see zauderer friedman case appellee shown serious harmful effects result puerto rico residents gamble casinos legislature decision legalize activity suggests believed opposite true short appellees failed show substantial government interest supports puerto rico ban protected expression even assuming appellee show challenged restrictions supported substantial governmental interest end inquiry constitutionality see linmark associates virginia pharmacy board appellee must still demonstrate challenged advertising ban directly advances puerto rico interest controlling harmful effects allegedly associated casino gambling central hudson proclaims puerto rico legislature obviously believed advertising casino gambling aimed residents puerto rico serve increase demand product advertised ante however even assuming advertising ban effectively reduce residents patronage gambling casinos clear directly advance puerto rico interest controlling serious harmful effects associates casino gambling particular unclear whether banning casino advertising aimed residents affect local crime prostitution development corruption infiltration organized crime puerto rico actively promotes casinos tourists problems likely persist whether residents also encouraged gamble absent showing ban advertising aimed residents directly advance puerto rico interest controlling harmful effects allegedly associated casino gambling puerto rico may constitutionally restrict protected expression way finally appellees failed show puerto rico interest controlling harmful effects allegedly associated casino gambling protected adequately limited regulation appellant commercial expression central hudson supra rather suppressing constitutionally protected expression puerto rico seek directly address specific harms thought associated casino gambling thus puerto rico continue carefully monitor casino operations guard development corruption infiltration organized crime ante vigorously enforce criminal statutes combat increase local crime fostering prostitution ibid establish limits level permissible betting promulgate additional speech designed discourage casino gambling among residents order avoid disruption moral cultural patterns might result residents engage excessive casino gambling measures directly address problems appellee associates casino gambling avoiding first amendment problems raised government seeks ban constitutionally protected speech fails even acknowledge wide range effective alternatives available puerto rico addresses appellant claim puerto rico legislature might choose reduce demand casino gambling among residents promulgating additional speech designed discourage ante rejects alternative asserting legislature decide whether counterspeech policy effective reducing demand casino gambling restriction advertising ibid reasoning ignores commands first amendment government seeks restrict speech order advance important interest contrary stated legislature decide whether government interest might protected adequately less intrusive measures rather incumbent upon government prove limited means sufficient protect interests decide whether government sustained burden see supra central hudson supra case nothing suggests puerto rico legislature ever considered efficacy measures suppressing protected expression importantly showing alternative measures inadequately safeguard commonwealth interest controlling harmful effects allegedly associated casino gambling circumstances puerto rico ban advertising clearly violates first amendment believes puerto rico constitutionally may prevent residents obtaining truthful commercial speech concerning otherwise lawful activity effect fears information however precisely kind choice dangers suppressing information dangers misuse freely available first amendment makes us virginia pharmacy board people democracy entrusted responsibility judging evaluating relative merits conflicting arguments first national bank bellotti first amendment presupposes people perceive best interests well enough informed best means end open channels communication rather close virginia pharmacy board supra danger people evaluate information danger contemplated framers first amendment bellotti supra see also central hudson first amendment presumes accurate information better information accordingly hold puerto rico may suppress dissemination truthful information entirely lawful activity merely keep residents ignorant however allow puerto rico thus dramatically shrinking scope first amendment protection available commercial speech giving government officials unprecedented authority eviscerate constitutionally protected expression respectfully dissent beyond specific areas addressed superior guidelines must still applied basis casino advertisement passes legal scrutiny object advertisement tourist app juris statement appellee continues insist newspaper photograph appellant slot machines constituted impressible advertisement even though taken press conference called protest legislative action see brief appellees thus even narrowing construction made superior appellee interpret prohibit casino owners criticizing governmental policy concerning casino gambling speech directed puerto rico residents elect government officials rather tourists act statement motives says purpose act contribute development tourism means authorization certain games chance establishment regulations strict surveillance said games government order ensure tourists best possible safeguards time opening treasurer puerto rico additional source income games chance act act may suggestion discouraging residents patronizing gambling casinos puerto rico interests developing tourism ensuring safeguards tourists producing additional revenue seeks justify puerto rico selective prohibition casino advertising asserting legislature felt puerto ricans risks associated casino gambling significantly greater associated traditional kinds gambling puerto rico ante nothing record suggests legislature believed case appellee failed show casino gambling presents risks different associated gambling activities puerto rico might consistently first amendment choose suppress casino advertising directed residents cf metromedia san diego brennan concurring judgment first amendment demands rational basis preferring one kind commercial speech another schad mount ephraim government presented evidence immediately apparent matter experience live entertainment poses problems significant associated various permitted uses reason believe puerto rico selective advertising ban also violates appellant rights equal protection clause rejecting appellant equal protection claim erroneously uses rational basis analysis thereby ignoring important first amendment interests implicated case cf police dept chicago mosley reasons puerto rico legitimately decide prohibit casino gambling entirely may also take less intrusive step legalizing casino gambling restricting speech ante according surely strange constitutional doctrine concede legislature authority totally ban casino gambling deny legislature authority forbid stimulation demand casino gambling banning advertising ibid agree ban casino advertising less intrusive outright prohibition activity majority chosen legalize casino gambling never suggested might unconstitutional however decided legalize casino gambling puerto rico decision ban truthful speech concerning entirely lawful activity raises serious first amendment problems thus constitutional doctrine bans puerto rico banning advertisements concerning lawful casino gambling strange restraint called first amendment unlike read fact appellant chosen litigate case necessarily indicate appellant believes puerto rico residents respond casino advertising light appellees arbitrary capricious application appellant justifiably believed notwithstanding superior narrowing construction first amendment rights safeguarded effectively act invalidated face seeks buttress holding noting regulated harmful products cigarettes alcoholic beverages legalized prostitution restricting advertising believe puerto rico may prohibit casino advertising directed residents reserve judgment constitutionality variety advertising restrictions adopted jurisdictions justice stevens justice marshall justice blackmun join dissenting concludes greater power completely ban casino gambling necessarily includes lesser power ban advertising casino gambling ante whether state may ban advertising activity permits prohibit gambling prostitution consumption marijuana liquor elegant question constitutional law however appropriate address question case puerto rico rather bizarre restraints speech plainly forbidden first amendment puerto rico simply ban advertising casino gambling rather puerto rico blatantly discriminates punishment speech depending publication audience words employed moreover prohibitions construed puerto rico courts establish regime prior restraint articulate standard hopelessly vague unpredictable respect publisher stark unabashed language superior construction favors certain identifiable publications disfavors others publication medium outside puerto rico favored indeed within ads casinos allowed regulation figure movies television radio newspapers trade magazines may published taped filmed exterior tourism promotion exterior even though may exposed incidentally circulated puerto rico example advertisement new york times advertisement cbs reaches us cable tv whose main objective reach potential tourists app juris statement publication native puerto rico however san juan star instance subject far rigid system restraints controls regarding manner certain form speech casino ads may carried pages unless prepared uphold illinois regulation speech subjects new york times one standard chicago tribune another understand willing uphold puerto rico regulation applies one standard new york times another san juan star respect audience newly construed regulations plainly discriminate terms intended listener reader casino advertising must addressed tourists must invite residents puerto rico visit casino ibid regulation thus poses might viewed reverse privileges immunities problem puerto rico residents singled disfavored treatment comparison americans nothing fancy required recognize obvious first amendment problem kind audience discrimination imagine uphold illinois regulation forbade advertising addressed illinois residents allowing advertiser communicate message visitors commuters willing uphold puerto rico regulation forbids advertising addressed puerto rico residents respect message regulations take one word english language casino give special opprobrium use suspicious word permitted trade name hotel used even though may contain reference casino regulations explicitly include important provision word casino never used alone specified ibid meaning specified perhaps italicization boldface capital letters presumably left subsequent adjudication singling use particular word official sanctions raises grave first amendment concerns puerto rico utterly failed justify disfavor particular word held respect prior restraint superior opinion establishes regime censorship section opinion majority fails include ante explained hereby authorize publicity casinos newspapers magazines radio television publicity media games chance exterior previous approval tourism company regarding text said ad must submitted draft company provided however photographs pictures may approval company app juris statement emphasis added respect vagueness superior construction yields certain predictable standards puerto rico suppression particular kinds speech part problem lies delineation permitted speech terms audience addressed puerto rico stated casino ads within puerto rico permissible provided invite residents puerto rico visit casino even though announcements may incidentally reach hands resident oral argument puerto rico counsel stated casino advertisement publication local circulation perhaps san juan star might actually permissible long advertisement addressed tourists residents tr oral arg maybe maybe ad permissible maybe considerable uncertainty nature required address puerto rico particularly concerned precise limits oddly selective ban public speech announcing noted since clausus enumeration regulation unforeseeable situation incident relating legal restriction must measured light public policy promoting tourism app juris statement passage chill speakers reviewing courts well superior expressly noted nothing immutable supposedly limiting saving construction restraints speech may amended future enforcing agency pursuant dictates changing needs accordance law resolved herein general proposition advanced majority today state may prohibit advertising permitted conduct may prohibit conduct altogether bears little resemblance grotesquely flawed regulation speech advanced puerto rico case first amendment surely permit puerto rico frank discrimination among publications audiences words sanctions speech unpredictable haphazardous roll dice casino respectfully dissent perhaps since puerto rico somewhat ambivalently regards gambling casino good thing local proprietor evil local patrons ban local advertising might viewed form protection poison puerto rico uses attract strangers web much speech poison permitted local residents might partake also decide prohibit unpredictable character censorship envisioned superior perhaps illustrated decision apparently sua sponte tr oral arg invalidate regulation required male patrons casinos wear dinner jackets see ante superior explained classification find suspicious came attention course cause action acaa enrique bird pinero number one made section gaming regulation sec requiring male tourist wear jacket within casino one hand puerto rico tropical country adequate informal wear guayabera tune climate allows tourist enjoy without extreme judgment unconstitutional restrictions stay island hand said requirement improve elegant atmosphere prevails casinos since male player may forced wear horribly sewn jacket prepared prevent people taking certain point degrading man discriminatory since women allowed casino without type requirement formal wear honorable figueroa ferrer supra stated parliaments necessary agents social change try maintain constitutional scheme alive preserve harmony realities country principal duty legislate towards end tranquility circumspection role within governmental system demands without exceeding framework jurisdiction save constitutionality law consideration must bend requirement formal wear since basically condition sex state reasonable interest warrant dissimilar classification app juris statement apparently superior felt puerto rico unique brand local censorship like guayabera tune puerto rico climate obligation however evaluate regulations universal perspective moreover relied inappropriate major premise fact puerto rico might prohibit casino gambling necessarily mean prohibit residents patronizing casinos open tourists even reasoning discriminatory censorship justified less restrictive form economic regulation unless discriminatory regulation permissible