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April 2004
Wine & the Law: Direct Shipment in the Second Circuit
small step for free speech, one great leap backward for free trade?
by R. Corbin Houchins
Prohibition of direct shipment was revived in New York on February 12, 2004, when the Federal Court of Appeals for the Second Circuit reversed a federal trial court decision overturning the state statute in the Swedenburg case.In the same opinion, the Second Circuit invalidated New York's ban on certain wine advertising, ruling that First Amendment commercial speech protection extends to solicitations of lawful liquor transactions.Two federal circuits, the Second and the Seventh, have now found ...
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