On January 8, 2020, the Eighth Circuit affirmed a district court ruling that—with benefit of a bench trial—invalidated on First Amendment grounds portions of a Missouri law that restricted truthful, non-misleading commercial speech. The decision was a victory for WLF, which filed an amicus curiae brief in the case urging affirmance. The appeals court agreed with WLF that Missouri could not satisfy even the intermediate scrutiny prescribed by Central Hudson. Under that test, Missouri must present solid evidence that the law’s speech restrictions directly advance its policy aims “to a material degree” and is narrowly tailored and no more restrictive than necessary. The trial record in this case contained no such evidence. WLF’s brief was joined by the Show-Me Institute, a Missouri free-market nonprofit.
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