Legal Opinion

Retail Digital Network v. Jacob Appelsmith

Court of Appeals for the Ninth Circuit

Decided January 7, 2016No. 13-56069PublishedCited by 9 opinions

1Opinion of the Court

OPINION

CALLAHAN, Circuit Judge:

California Business and Professions Code Section 25503(f)-(h) forbids manufacturers and wholesalers of alcoholic beverages from giving anything of value to retailers for advertising their alcoholic products. Thus, for example, a liquor store owner in California can hang a Captain Morgan Rum sign in his store’s window, but the Captain can’t pay him, di rectly or through an agent, for doing so. Twenty-nine years ago, in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir.1986), we found this law to be consistent with the First Amendment. Today we consider whether…

2Cases cited46 opinions

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  3. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  4. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  5. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985

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3Cited by9 opinions

  1. Retail Digital Network v. Ramona PrietoCourt of Appeals for the Ninth Circuit · 2017
  2. National Institute of Family & Life Advocates v. HarrisCourt of Appeals for the Ninth Circuit · 2016
  3. Lamar Central Outdoor, LLC v. City of Los AngelesCalifornia Court of Appeal · 2016
  4. American Beverage Ass'n v. City & County of San FranciscoDistrict Court, N.D. California · 2016
  5. Campbell v. Dep't of Human Servs.District Court, D. Hawaii · 2018

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