Rhode Islands legislature enacted laws that prevented liquor retailers from advertising the retail prices of their merchandise

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Rhode Island’s legislature enacted laws that prevented liquor retailers from advertising the retail prices of their merchandise at sites other than their retail stores. It feared that allowing package stores to advertise their prices freely and honestly would lower the cost to consumers and increase the use of alcoholic beverages. 44 Liquormart, a liquor retailer, brought suit seeking a declaratory judgment on the grounds that Rhode Island’s laws violated the store’s First Amendment right to freedom of speech. The U.S. District Court made a finding of fact that Rhode Island’s law had “no significant impact on levels of alcohol consumption” and concluded that the law was unconstitutional. The district judge’s rationale was that the statute in question did not further the goal of reducing alcohol consumption, and further, that its restrictions on commercial freedom of speech were unnecessary and excessive. The U.S. Court of Appeals for the First Circuit reversed, however, and the U.S. Supreme Court granted certiorari. Do you believe that Rhode Island’s statute violates the package store’s First Amendment and due process right to engage in commercial speech?

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