44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484 (1996)

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508

44 LIQUORMART, INC. v. RHODE ISLAND

Opinion of Stevens, J.

Rubin v. Coors Brewing Co., 514 U. S., at 491 (explaining that defects in a federal ban on alcohol advertising are "further highlighted by the availability of alternatives that would prove less intrusive to the First Amendment's protections for commercial speech"); Linmark, 431 U. S., at 97 (suggesting that the State use financial incentives or counterspeech, rather than speech restrictions, to advance its interests). It necessarily follows that the price advertising ban cannot survive the more stringent constitutional review that Central Hudson itself concluded was appropriate for the complete suppression of truthful, nonmisleading commercial speech. 447 U. S., at 566, n. 9.

VI

The State responds by arguing that it merely exercised appropriate "legislative judgment" in determining that a price advertising ban would best promote temperance. Relying on the Central Hudson analysis set forth in Posadas de Puerto Rico Associates v. Tourism Co. of P. R., 478 U. S. 328 (1986), and United States v. Edge Broadcasting Co., 509 U. S. 418 (1993), Rhode Island first argues that, because expert opinions as to the effectiveness of the price advertising ban "go both ways," the Court of Appeals correctly concluded that the ban constituted a "reasonable choice" by the legislature. 39 F. 3d, at 7. The State next contends that precedent requires us to give particular deference to that legislative choice because the State could, if it chose, ban the sale of alcoholic beverages outright. See Posadas, 478 U. S., at 345-346. Finally, the State argues that deference is appropriate because alcoholic beverages are so-called "vice" products. See Edge, 509 U. S., at 426; Posadas, 478 U. S., at 346-347. We consider each of these contentions in turn.

The State's first argument fails to justify the speech prohibition at issue. Our commercial speech cases recognize some room for the exercise of legislative judgment. See Metromedia, Inc. v. San Diego, 453 U. S. 490, 507-508 (1981). However, Rhode Island errs in concluding that Edge and

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