Number: RL31239
Title: Prohibiting Television Advertising of Alcoholic Beverages: A Constitutional Analysis
Authors: Henry Cohen, American Law Division 
Abstract: Federal law does not prohibit radio or television advertising of alcoholic beverages. However, starting in 1936 for radio and 1948 for television, the industry voluntarily refrained from advertising hard liquor on radio or television. Then, in December 2002, NBC announced that it would air liquor ads after 9 p.m. E.S.T. Congress may consider legislation to prohibit such ads. The U.S. Court of Appeals for the District of Columbia has struck down a law that banned "indecent" speech on broadcast radio and television 24 hours a day, but has upheld the current law, which imposes the ban from 6 a.m. to 10 p.m. This suggests that a comparable ban on liquor ads would be constitutional A 24-hour ban might too, however, because advertising is entitled to less protection under the First Amendment than "indecent" speech. Yet the Supreme Court's trend in recent years of striking down governmental restrictions on commercial speech suggests that the constitutionality of a 24-hour ban would hardly be certain.
Pages: 7
Date: Updated March 21, 2002