In another blow to the constitutionality of alcohol beverage laws, the Court of Appeals for the Eighth Circuit struck down on First Amendment grounds a number of Missouri’s alcohol beverage advertising laws on the basis that Missouri failed to meets it burden to demonstrate that such laws both advanced the state’s substantial interest and were narrowly tailored to achieve that interest. At issue in Missouri Broadcasters Ass’n v. Schmitt were familiar alcohol advertising laws that restricted: Suppliers and distributors for advertising at retail on tied house grounds (e., advertising qualified as a “financial interest” in the retailer); Retailers from advertising discounted prices outside of their establishments; and Retailers from advertising below-cost alcohol inside their establishments. In applying the four factor test articulated by the US Supreme Court in Central Hudson to assess the validity of governmental regulation of commercial speech, the Court...

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