1. In the United States, nearly 15 million people have alcohol use disorder, including over 400,000 adolescents. Alcohol contributes to over 18% of emergency department visits in the US and alcohol is the third leading preventable cause of death in the United States. Troublingly, this is occurring despite the fact that since 1998, the federal government has mandated that health warning labels be placed on all alcoholic beverage containers under the Alcoholic Beverage Labeling Act of 1988 ("the Act"). However, given existing trends in health outcomes, it does not appear that the warnings, which are in text only, have had any real deterrent effect. 
2. Assume therefore that public health professionals urged Congress to amend the Act to add a new provision that would require liquor manufacturers to post certain graphic medical images on all alcohol bottles marketed in the United States.The graphic medical images, which were selected and recommended by the American Medical Association for use under this law, depict potential consequences of drinking including cirrhosis of the liver, scenes from drunk driving car accidents, and ultrasound images of fetuses or newborn infants suffering from various Fetal Alcohol Spectrum Disorders (FASD). The Act requires that alcohol manufacturers place these graphic images on the front of all alcohol bottles, and that the graphic images must be "no smaller than 2 inches by 4 inches in dimension."

Liquor World is a national lobbying group for the liquor industry. Assume that Liquor World challenges the federal Act, requiring the posting of the graphic images on all alcohol bottles, in Court. Liquor World argues that the Act violates the First Amendment rights of the liquor manufacturers.

Explain the legal analysis that the Court will apply in this case in deciding whether or not the Act violates the First Amendment of the U.S. Constitution. Do you think Liquor World be successful in its legal challenge to the Act? If so, explain why. If not, explain why not. Be sure to explain the law and fully discuss your arguments by relating the applicable legal principles to the facts.

Answer rating: 100% (QA)

In analyzing whether the Act violates the First Amendment rights of liquor manufacturers the court will likely apply a twostep test the Central Hudson ... View the full answer