Assignment1_Ch3.docx - What if the facts were different...

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What if the facts were different p.111 The court’s ruling would be different from the beer labels case. Issue: The issue in this scenario is whether Bad Frog could use the offensive label to market toys. Rules and Cases: Bad Frog Brewery, Inc. v. New York State Liquor Authority Case Applications: States have a compelling interest in protecting the physical and psychological wellbeing of minors. According to Bad Frog Brewery case, children will be harmfully exposed to the Bad Frog labels on toys. Thus, the offensive label proves that the company can not implement a substantial government interest. And obviously, market toys are more likely to be seen than beer by children whether under the parental supervision or not. Thus, the company directly damages the State’s interest in “protecting children from vulgar and profane advertising”. Moreover, it is reasonable to ban the use of vulgar labels due to the importance of toys for children. And there are no better alternatives to the label prohibition.
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