Case Updates
Ninth Circuit addresses First Amendment standards applied to laws regulating commercial speech
June 14, 2017
Click here to view the opinion.
U.S. Chamber files brief in Ninth Circuit case addressing First Amendment commercial speech
December 21, 2016
The U.S. Chamber urged the Ninth Circuit to rule that California’s Prohibition-era “tied-house” laws—which prevent alcohol manufacturers and wholesalers from advertising in all retail stores that sell alcohol—are subject to heightened scrutiny under the First Amendment. The Chamber's brief argued that these laws impose content- or speaker-based burdens on truthful and non-misleading speech because the government disagrees with its message
Helgi C. Walker and Chad R. Mizelle of Gibson, Dunn & Crutcher LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Opinion -- Retail Digital Network, LLC v. Appelsmith (Ninth Circuit).pdf
- U.S. Chamber Amicus Brief -- Retail Digital Network, LLC v. Prieto (Ninth Circuit).pdf
- Opinion -- Retail Digital Network, LLC v. Prieto (Ninth Circuit).pdf