First Amendment coverage involving beverage and cannabis businesses, including commercial speech, advertising restrictions, and regulatory challenges.
Judge Sunshine Sykes takes on the Fifth Circuit’s approach to cannabis advertising and the First Amendment. Her thoughtful preliminary injunction opinion examines the same-sovereign theory, consumers’ rights to commercial information, and why federal cannabis prohibition should not automatically end the constitutional inquiry. Read the opinion, appellate briefs, and access the Ninth Circuit oral argument.
An Omaha cocktail bar’s barber-shop theme attracted a licensing challenge. We examine the preliminary-injunction ruling and explain why a name, a barber pole, and themed décor deserve a closer First Amendment analysis.
A 2016 appeal examines state restrictions on discounted alcohol advertising and promotions involving different industry tiers.
