44 Liquormart, Inc. v. Rhode Island
Encyclopedia
44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996), was a United States Supreme Court
case, which declared that a law banning the advertisement of alcohol except at the place of sale as unconstitutional and a violation of the First Amendment
.
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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case, which declared that a law banning the advertisement of alcohol except at the place of sale as unconstitutional and a violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Background
The company 44 Liquormart Inc. owned liquor stores in Rhode Island, which had banned the advertisement of alcoholic beverage prices 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 law's reach was unnecessarily extensive. The 1st Circuit Court of AppealsUnited States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
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
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
gave the state's ban a presumption of validity.
Ruling
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. However, the court ruled that Article 2 of the 21st Amendment allowed the state to regulate alcohol.See also
- Posadas de Puerto Rico Associates v. Tourism Company of Puerto RicoPosadas de Puerto Rico Associates v. Tourism Company of Puerto RicoPosadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al. was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as...
- List of United States Supreme Court cases, volume 517
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
External links
- Case brief: Quimbee