44 Liquormart, Inc. and Peoples Super Liquor Stores, Inc. v. Rhode Island and Rhode Island Liquor Stores Association (517 U.S. 484)

U.S. Supreme Court · decided May 13, 1996 · Supreme Court Database (Spaeth)

Citation
517 U.S. 484 · 116 S. Ct. 1495
Decided
May 13, 1996
Term
October Term 1995
Vote
9–0
Majority author
Justice Stevens
Issue area
First Amendment
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Liberal
Constitutional ruling
State/territorial law held unconstitutional

Opinion excerpt

Justice Stevens announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, VII, and VIII, an opinion with respect to Parts III and V, in which Justice Kennedy, Justice Souter, and Justice Ginsburg join, an opinion with respect to Part VI, in which Justice Kennedy, Justice Thomas, and Justice Ginsburg join, and an opinion with respect to Part IV, in which Justice Kennedy and Justice Ginsburg join. Last Term we held that a federal law abridging a brewer’s right to provide the public with accurate information about the alcoholic content of malt beverages is unconstitutional. Rubin v. Coors Brewing Co., 514 U. S. 476, 491 (1995). We now hold that Rhode Island’s statutory prohibition against advertisements that provide the public with accurate information about retail prices of alcoholic beverages is also invalid. Our holding rests on the conclusion that such an advertising ban is an abridgment of speech protected by the First Amendment and that it is not shielded from constitutional scrutiny by the Twenty-first Amendment. I In 1956, the Rhode Island Legislature enacted two separate prohibitions against advertising the retail price of alcoholic beverages. The first applies to vendors licensed in Rhode Island as well as to out-of-state manufacturers, wholesalers, and shippers. It prohibits them from “advertising in any manner whatsoever”…

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