California Allowed to Ban Liquor Advertising in Liquor Stores

Huh? Banning liquor ads in liquor stores? Yes. That’s what California does. The state law goes back several decades to when (apparently) large alcohol manufacturers tried to use their market power to control distributors and retailers.  That law is still on the books, and is part of California’s three-tiered market system for alcohol: manufacture, distribution, and… Read More California Allowed to Ban Liquor Advertising in Liquor Stores

San Francisco’s Labeling Law for Sugar-Sweetened Beverages Found Unconstitutional

San Francisco requires that ads for sugar-sweetened beverages (e.g., soda, pop, whatever you call it) carry a message stating, “Warning: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” The message must take up 20% of the ad and be outlined by… Read More San Francisco’s Labeling Law for Sugar-Sweetened Beverages Found Unconstitutional

San Francisco Allowed to Prohibit Anti-Abortion Medical Clinics from Making False or Misleading Statements

A medical clinic in San Francisco called “First Resort” provided free, pregnancy-related medical services. It was an example of a so-called “crisis pregnancy center.” It was a pro-life non-profit, dedicated to building “an abortion-free world.” Thus, First Resort did not provide abortion services to its patients, nor would it refer its patients to a facility… Read More San Francisco Allowed to Prohibit Anti-Abortion Medical Clinics from Making False or Misleading Statements

New York Law Prohibiting Surcharges for Credit-Card Users Might Violate the First Amendment

So this was not a full-blown First Amendment case, but it involved an important question that courts sometimes have to answer in First Amendment cases: is the government regulating speech or conduct? (Generally speaking, speech is protected by the First Amendment and conduct is not.) Expressions Hair Design is a company that specializes in…well you… Read More New York Law Prohibiting Surcharges for Credit-Card Users Might Violate the First Amendment