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162006P.pdf 01/19/2017 Missouri Broadcasters Assoc. v. Lafayette Lacy
U.S. Court of Appeals Case No: 16-2006
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Riley, Author, with Wollman and Kelly, Circuit Judges]
Civil case - Constitutional law. Plaintiffs' complaint, alleging Mo Rev.
Stat. Sec 311.070.4(1) and Mo. Code Regs. Ann. tit. 11. Sec.
70-2.240(5)(G), (I) detailing the information alcohol manufacturers,
wholesalers, distributors and retailers can include in their
advertisements, violate plaintiffs' freedom of speech under the First
Amendment, stated a claim upon which relief can be granted, and the
district court erred in granting defendants' motion to dismiss; on its
face, plaintiffs' amended complaint plausibly demonstrates the challenged
provisions do not directly advance the government's asserted substantial
interest of promoting responsible drinking, are more extensive than
necessary and unconstitutionally compel speech and association.