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April 29, 2003
Alcohol And The First Amendment: The Good News
A federal appeals court has ruled that Cleveland's ban on billboards advertising adult beverages is unconstitutional. The judge took issue with "a ban on the communication of truthful information about legal alcoholic products to adult consumers."
A federal appeals court has ruled that Cleveland's ban on billboards advertising adult beverages is unconstitutional. The judge took issue with "a ban on the communication of truthful information about legal alcoholic products to adult consumers."
Next comes an even bigger test. The Supreme Court recently heard arguments on whether corporations can protect themselves in the court of public opinion. Hopefully, it will reverse the California Supreme Court ruling which held that anyone can sue a business for "false advertising" if it distributes an op-ed or issues a press release defending its corporate behavior -- independent of hawking its products or services.
Editorials in both The New York Times and The Washington Post come down squarely on the side of free speech. The Post, along with the Bush Administration, even filed a friend-of-the-court brief.