182611P.pdf   01/08/2020  Missouri Broadcasters Assoc.  v.  Eric S. Schmitt
   U.S. Court of Appeals Case No:  18-2611
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Kelly, Author, with Melloy and Stras, Circuit Judges] 
   Civil Case - First Amendment. For earlier appeal reversing dismissal and 
   setting case for trial, see 846 F.3d 295 (8th Cir. 2017). In challenge to 
   Missouri tied-house statutes and regulations that regulate retail 
   advertising by alcohol producers and distributors and allows retailers, 
   but not producers and distributors, to run certain advertisements, the 
   district court concluded the statute and regulations violated the First 
   Amendment. Missouri appeals. The statute, Mo.Rev,Stat. sec. 311.010-.950, 
   implicates the First Amendment by restricting speech based on content and 
   speaker identity. Missouri's authority under the Twenty-First Amendment 
   cannot save the statute from its First Amendment implications. Because 
   Missouri has not demonstrated how the statute, as applied, alleviates to a 
   significant degree the harm of undue influence, the exemptions and 
   inconsistencies render the statute as applied irrational and ineffective, 
   and Missouri has failed to prove the restrictions are not more extensive 
   than necessary to serve its interest, Missouri has not met its burden to 
   show the law does not unconstitutionally burden commercial speech. As for 
   the regulations, like the district court, we conclude Missouri failed to 
   show by empirical or statistical evidence that the regulation restricting 
   the sale of alcohol below cost or at a discount protect the interest in 
   reducing overconsumption and underage drinking, and failed to show that 
   the regulations are no more extensive than necessary to further their 
   interest. Thus, the district court's judgment holding the statute and 
   regulations violated the First Amendment is affirmed. Judge Stras concurs.