Over at Volokh Conspiracy (again), Eugene Volokh notes a recent District of Rhode Island opinion declaring that there is no general First Amendment “freedom to party.” URI Student Senate v. Town of Narragansett, 2010 WL 222587 (D.R.I. 2010). But take heart fellow partiers, as at least one Circuit suggests that we should have the right to slug a brew and have a good time. From United States v. Betts, 511 F.3d 872, 880 (9th Cir. 2007)
Moderate consumption of alcohol does not rise to the dignity of our sacred liberties, such as freedom of speech, but the freedom to drink a beer while sitting in a recliner and watching a football game is nevertheless a liberty people have, and it is probably exercised by more people than the liberty to publish a political opinion.
-Michael