452The+Factsliquormart

452The+Factsliquormart - 44 Liquormart Inc The Facts: 44...

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44 Liquormart Inc The Facts: 44 Liquormart Inc. owned liquor stores in Rhode Island, which had banned the advertisement of alcoholic beverages in places where alcohol was not sold. The District Court found the ban unconstitutional because the state did not prove that the law directly advanced its interest in reducing alcohol consumption and because the laws reach was unnecessarily extensive. The 1st Circuit Court of Appeals reversed the lower court, ruling that an increase in alcohol advertisements would lead to an increase in alcohol sales and that the Twenty-first Amendment gave the state's ban a presumption of validity. The court validated a Rohde Island statue prohibiting “advertising in any manner whatsoever” of the price of any alcoholic beverage offered for sale in the state, except for price tags or signs displayed within licensed premises and not visible from the street. The Holding The court ruled that the state did not have a compelling interest in restricting alcohol advertisements and the ban violated first amendment rights of the petitioners. Rationale
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This note was uploaded on 01/12/2011 for the course COMM 452 taught by Professor Staff during the Fall '08 term at University of Michigan.

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