498
Stevens, J., concurring in judgment
some other standard. If Congress is concerned about the potential for increases in the alcohol content of malt beverages, it may, of course, take other steps to combat the problem without running afoul of the First Amendment—for example, Congress may limit directly the alcoholic content of malt beverages. But Congress may not seek to accomplish the same purpose through a policy of consumer ignorance, at the expense of the free-speech rights of the sellers and purchasers. See Virginia Bd. of Pharmacy, 425 U. S., at 756-757. If varying alcohol strengths are lawful, I see no reason why brewers may not advise customers that their beverages are stronger—or weaker—than competing products.
In my opinion, this statute is unconstitutional because, regardless of the standard of review, the First Amendment mandates rejection of the Government's proffered justification for this restriction. Although some regulations of statements about alcohol content that increase consumer awareness would be entirely proper, this statutory provision is nothing more than an attempt to blindfold the public.
Accordingly, I concur in the Court's judgment.
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