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

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Cite as: 517 U. S. 484 (1996)

Opinion of the Court

by the Commerce Clause." Ziffrin, Inc. v. Reeves, 308 U. S. 132, 138 (1939).

As is clear, the text of the Twenty-first Amendment supports the view that, while it grants the States authority over commerce that might otherwise be reserved to the Federal Government, it places no limit whatsoever on other constitutional provisions. Nevertheless, Rhode Island argues, and the Court of Appeals agreed, that in this case the Twenty-first Amendment tilts the First Amendment analysis in the State's favor. See 39 F. 3d, at 7-8.

In reaching its conclusion, the Court of Appeals relied on our decision in California v. LaRue, 409 U. S. 109 (1972).22

In LaRue, five Members of the Court relied on the Twenty-first Amendment to buttress the conclusion that the First Amendment did not invalidate California's prohibition of certain grossly sexual exhibitions in premises licensed to serve alcoholic beverages. Specifically, the opinion stated that the Twenty-first Amendment required that the prohibition be given an added presumption in favor of its validity. See id., at 118-119. We are now persuaded that the Court's analysis in LaRue would have led to precisely the same result if it had placed no reliance on the Twenty-first Amendment.

Entirely apart from the Twenty-first Amendment, the State has ample power to prohibit the sale of alcoholic beverages in inappropriate locations. Moreover, in subsequent cases, the Court has recognized that the States' inherent police powers provide ample authority to restrict the kind of "bacchanalian revelries" described in the LaRue opinion regardless of whether alcoholic beverages are involved. Id., at 118; see, e. g., Young v. American Mini Theatres, Inc., 427 U. S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U. S. 560 (1991). As we recently noted: "LaRue did not involve

22 The State also relies on two per curiam opinions that followed the Twenty-first Amendment analysis set forth in LaRue. See New York State Liquor Authority v. Bellanca, 452 U. S. 714 (1981), and Newport v. Iacobucci, 479 U. S. 92 (1986).

515

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