BUSI 336 case study 4

Case 4.2 Bad Frog Brewery, Inc. v. New York Liquor Authority

Review the case summary beginning on page 74 of your textbook and answer the questions below. You should also review pages 75 – 80 covering freedom of speech protections under the First Amendment. Lastly, I have attached a photo of the proposed brand label submitted by Bad Frog Brewery to provide students with a better understanding of the state’s objections to it (warning: the frog is making a hand gesture that some may find offensive so viewing is optional).

Type your responses into a MICROSOFT WORD DOCUMENT. Remember to individually number each response. Upload the document into Blackboard. NOTE: Please do not upload documents in any other format as Blackboard will not recognize them.

1. Is commercial speech entitled to more or less protection than political speech? Explain.

2. What is the three-part standard used in determining whether a restriction on commercial speech is valid?

3. What “interest” was allegedly advanced by the New York State Liquor Authority in denying Bad Frog’s application for brand label approval?

4. If Bad Frog had sought to use the offensive label to market toys instead of beer, would the court’s ruling have been the same? Why or why not?