Rubin v. Coors Brewing Co., 514 U.S. 476, 4 (1995)

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Cite as: 514 U. S. 476 (1995)

Opinion of the Court

Court for the District of Colorado seeking a declaratory judgment that the relevant provisions of the Act violated the First Amendment; respondent also sought injunctive relief barring enforcement of these provisions. The Government took the position that the ban was necessary to suppress the threat of "strength wars" among brewers, who, without the regulation, would seek to compete in the marketplace based on the potency of their beer.

The District Court granted the relief sought, but a panel of the Court of Appeals for the Tenth Circuit reversed and remanded. Adolph Coors Co. v. Brady, 944 F. 2d 1543 (1991). Applying the framework set out in Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557 (1980), the Court of Appeals found that the Government's interest in suppressing alcoholic "strength wars" was "substantial." Brady, supra, at 1547-1549. It further held, however, that the record provided insufficient evidence to determine whether the FAAA's ban on disclosure "directly advanced" that interest. Id., at 1549-1551. The court remanded for further proceedings to ascertain whether a " 'reasonable fit' " existed between the ban and the goal of avoiding strength wars. Id., at 1554.

After further factfinding, the District Court upheld the ban on the disclosure of alcohol content in advertising but invalidated the ban as it applied to labels. Although the Government asked the Tenth Circuit to review the invalidation of the labeling ban, respondent did not appeal the court's decision sustaining the advertising ban. On the case's second appeal, the Court of Appeals affirmed the District Court. Adolph Coors Co. v. Bentsen, 2 F. 3d 355 (1993). Following our recent decision in Edenfield v. Fane, 507 U. S. 761 (1993), the Tenth Circuit asked whether the Government had shown that the " 'challenged regulation advances [the Government's] interests in a direct and material way.' " 2 F. 3d, at 357 (quoting Edenfield, supra, at 767-768). After reviewing the record, the Court of Appeals concluded that the Government

479

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