Tension Between the First and Twenty-First Amendments in State Regulation of Alcohol Advertising

Authors

Brian S. Steffey

First Page

1421

Abstract

This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively on distinguishable cases and state power under the twenty-first amendment. Part V proposes an analytical framework for cases involving tension between the first and twenty-first amendments and then applies the framework to the recent decisions

Recommended Citation

Brian S. Steffey, Tension Between the First and Twenty-First Amendments in State Regulation of Alcohol Advertising, 37 Vanderbilt Law Review 1421 (1984)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol37/iss6/5