Missouri Broadcasters Association v. Lacy

Plaintiffs filed suit challenging Mo. Rev. Stat. 311.070.4(10) and its regulations, which detail the information alcohol manufacturers, wholesalers, distributors, and retailers can include in their advertisements. Plaintiffs alleged a violation of their freedom of speech under the First Amendment because the challenged provisions prohibit truthful, non-misleading commercial speech and restrict the free flow of truthful information to potential customers. Plaintiffs also claim that the provisions are inconsistently enforced. The district court granted defendants' motion to dismiss. The court reversed, concluding that the amended complaint included sufficient allegations that the challenged provisions did not directly advance the substantial interest of promoting responsible drinking and the amended complaint included more than sufficient information to plead the challenged restrictions are more extensive than necessary. The court found it clear that there are reasonable alternatives to the challenged restrictions Missouri could have enacted that are less intrusive to plaintiffs’ First Amendment rights. Finally, plaintiffs have pled that the provisions unconstitutionally compel speech and association. View "Missouri Broadcasters Association v. Lacy" on Justia Law