Question: In this assignment, you will read a real life case and reach a decision as to the probable outcome, supporting your analysis with relevant knowledge
In this assignment, you will read a real life case and reach a decision as to the probable outcome, supporting your analysis with relevant knowledge from the reading material.
A Michigan firm, Bad Frog, is the producer and marketer of alcoholic beverages. The label on its drinks features an illustration of a frog holding up its middle finger, accompanied by slogans such as "The beer so good it's bad", and An amphibian with an attitude." In the New York State Liquor Authority NYSLA turned down Bad Frog's New York distributor's application for for brandlabel approval and registration. In justifying its decision, NYSLA said that the label invites the public to disobey standards of decorum, encourages combative behavior and underage drinking. Since the slogan was also in a larger font type than the alcohol health warning, they also argued that the label invites users to disregard the health warning. Bad Frog filed suit against the NYSLA and sought an injunction that would prevent them from taking any steps to prohibit the sale of its drinks.
Does the Bad Frog label constitute commercial speech? Should these drinks be regulated according to the First Amendment? Write a report using the Central Hudson Test to justify your response.
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