1. Which prongs of the Central Hudson test were at issue in this case? 2. Why do...

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1. Which prongs of the Central Hudson test were at issue in this case?
2. Why do you think that Coors wanted to put the alcohol content on its beer labels? The Court noted that Coors was concerned with the public’s opinion that its beer had a low alcohol content. Does this turn alcohol content into a marketing point? Would this run counter to the government’s significant interest in avoiding a “strength war”?
3. What other ways could the government have advanced its interest in preventing strength wars? Does Section 205(e)(2) fail on its own merits or because it was part of an inconsistent scheme of government regulation?

OPINION: JUSTICE THOMAS Section 5(e)(2) of the Federal Alcohol Administration Act prohibits beer labels from displaying alcohol content. We granted certiorari in this case to review the Tenth Circuit’s holding that the labeling ban violates the First Amendment because it fails to advance a governmental interest in a direct and material way. Because § 5(e)(2) is inconsistent with the protections granted to commercial speech by the First Amendment, we affirm.

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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