Cite as: 517 U. S. 484 (1996)
Opinion of Stevens, J.
In evaluating the ban's effectiveness in advancing the State's interest, we note that a commercial speech regulation "may not be sustained if it provides only ineffective or remote support for the government's purpose." Id., at 564. For that reason, the State bears the burden of showing not merely that its regulation will advance its interest, but also that it will do so "to a material degree." Edenfield, 507 U. S., at 771; see also Rubin v. Coors Brewing Co., 514 U. S., at 486-488. The need for the State to make such a showing is particularly great given the drastic nature of its chosen means—the wholesale suppression of truthful, non-misleading information. Accordingly, we must determine whether the State has shown that the price advertising ban will significantly reduce alcohol consumption.
We can agree that common sense supports the conclusion that a prohibition against price advertising, like a collusive agreement among competitors to refrain from such advertising,15 will tend to mitigate competition and maintain prices at a higher level than would prevail in a completely free market. Despite the absence of proof on the point, we can even agree with the State's contention that it is reasonable to assume that demand, and hence consumption throughout the market, is somewhat lower whenever a higher, noncompetitive price level prevails. However, without any findings of fact, or indeed any evidentiary support whatsoever, we cannot agree with the assertion that the price advertising ban will significantly advance the State's interest in promoting temperance.
sonable control of the traffic in alcoholic beverages." R. I. Gen. Laws § 3-1-5 (1987).
15 See, e. g., Business Electronics Corp. v. Sharp Electronics Corp., 485 U. S. 717, 735 (1988) (considering restriction on price advertising as evidence of Sherman Act violation); United States v. Sealy, Inc., 388 U. S. 350, 355 (1967) (same); Blackburn v. Sweeney, 53 F. 3d 825, 828 (CA7 1995) (considering restrictions on the location of advertising as evidence of Sherman Act violation).
505
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