QUESTION $28$

When Bad Frog Brewery, Inc., placed a label on its product showing a frog with unwebbed fingers with its middle finger extended, New York State sued to prohibit the use of the label, claiming it to be obscene and claiming an interest in protecting the state's children. The court found for Bad Frog because children cannot purchase beer, so any exposure would be incidental. for New York State because once the product was purchased, the labels would be exposed in refrigerators or in rooms while children were present.

for New York State because it proved a substantial effort to advance a valid state interest amounting to more than "not merely the removal of a few grains of sand from the beach of vulgarity." for Bad Frog because the label did not concern an unlawful activity and the state did not prove its interest in protecting children from vulgarity.