After you have read the case, answer the following questions in essay format. Label your document Case Review and include the name of the case in your heading.
1. What are the key facts of this case?
2. Which party won the case?
3. What are the reasons stated by Judge Newman for his decision? Did he rely on any precedents (previous cases or decisions used as a guide for deciding this case)? What constitutional principle did Bad Frog rely on?
4. What is the test for deciding whether the government can restrict commercial speech? Did Bad Frog's label pass this test?
5. Do you agree with the court's decision? Why or why not?
Bad Frog Brewery vs. New York State Liquor Authority
973 F. Supp. 280 (1998)
Bad Frog is a Michigan company that manufactures and markets several types of alcoholic beverages, including Bad Frog Beer, Bad Frog Lemon Lager, and Bad Frog Malt Liquor. The company uses as a label on all its products an artist’s rendition of a frog making an obscene gesture, which is traditionally regarded as an offensive gesture, but which the company prominently features as part of its advertising theme of being “bad,” nasty, uncaring, and possessing an “attitude.” The label also features such negative sayings as “He just don’t car,” “Turning bad into good,” and “The beer is so bad…it’s good,” which are placed next to the required health warnings on the label. Bad Frog’s labels have been approved for use by the Federal Bureau of Alcohol, Tobacco, and Firearms. However, the New York State Liquor Authority denied Bad Frog an application to distribute liquor i...