Retail Digital Network, LLC v. Prieto
- Case Date: 12/22/2016
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On December 22, 2016, WLF filed a brief in the U.S. Court of Appeals for the Ninth Circuit, urging it to strike down a California law that severely restricts the right of alcoholic-beverage manufacturers and retailers to advertise their products. The law provides that while retailers may advertise such products, manufacturers may not pay retailers for doing so; the practical effect is to eliminate most such advertising. WLF’s brief noted that the speech restriction is content-based: it does not apply to any other products. WLF argued that such content-based restrictions are subject to strict First Amendment scrutiny, a scrutiny that the California law cannot possibly survive. While California defends its law as a measure designed to promote temperance, WLF argued that there are numerous other means by which California can promote that aim without abridging speech rights.
|Oral argument held January 19, 2017. Awaiting decision.|
More Information and Downloads:
|12/21/2016: Download the Brief|
|Press Release: WLF Asks 9th Circuit to Apply Heightened Scrutiny to California’s Commercial-Speech Restrictions|