MISSOURI BROADCASTERS ASSOCIATION v. SCHMITT

No. 18-2611.

946 F.3d 453 (2020)

MISSOURI BROADCASTERS ASSOCIATION; Meyer Farms, Inc.; Uncle D's Sports Bar & Grill, L.L.C.; Zimmer Radio of Mid-MO, Inc., Plaintiffs-Appellees v. Eric S. SCHMITT, Attorney General of the State of Missouri, in his official capacity; Dorothy Taylor, Acting State Supervisor of the Division of Alcohol and Tobacco Control, Defendants-Appellants National Beer Wholesalers Association, Amicus on Behalf of Appellant(s) Washington Legal Foundation, Amicus on Behalf of Appellee(s) Wine & Spirits Wholesalers of America, Inc., Amicus on Behalf of Appellant(s) Show-Me Institute, Amicus on Behalf of Appellee(s) Missouri Beer Wholesalers Association, Amicus on Behalf of Appellant(s) American Civil Liberties Union of Missouri, Amicus on Behalf of Appellee(s) Missouri Craft Brewers Guild, Amicus on Behalf of Appellant(s) The Freedom Center of Missouri, Amicus on Behalf of Appellee(s) American Beverage Licensees, Amicus on Behalf of Appellant(s) Cato Institute, Amicus on Behalf of Appellee(s)

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief were Christopher R. Wray , AAG, of Jefferson City, MO and John Sauer , AAG, of Jefferson City, MO. The following attorney(s) also appeared on the appellant brief; Joshua Divine , AAG, of Jefferson City, MO., and Emily Dodge , AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Mark Sableman , of Saint Louis, MO. The following attorney(s) also appeared on the appellee brief; Michael Lee Nepple , of Saint Louis, MO., Anthony F. Blum , of Saint Louis, MO.

The following attorney(s) appeared on the amicus brief; Michael Madigan , of Minneapolis, MN., Anthony E. Rothert , of Saint Louis, MO., Richard Abbott Samp, of Washington, DC., Cory L. Andrews , of Washington, DC., Paul Edward Pisano , of Alexandria, VA., Gillian R. Wilcox , of St. Louis, MO., Brandt F. Erwin , of Minneapolis, MN., Ilya Shapiro , of Washington, DC., Jessie M. Steffan , of Saint Louis, MO., David Edward Roland , of Mexico, MO., Trevor Burrus , of Washington, DC.

Before KELLY, MELLOY, and STRAS, Circuit Judges.


Missouri Broadcasters sued Missouri concerning a Missouri statute and two Missouri regulations that allegedly violate the First Amendment right to free speech.1 After a bench trial, the district court2 determined that the Missouri laws violated the First Amendment. Missouri...

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