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Unformatted text preview: appealed to the U.S. Court of Appeals. Issue: Is the banning of Bad Frogs label an unlawful restriction of commercial speech? Holding: Yes Reasoning/Law: Generally, a restriction on commercial speech is considered valid as long as it meets three criteria: (1) it must seek to implement a substantial government interest, (2) it must directly advance that interest, and (3) it must go no further than necessary to accomplish its ob-jective. In this case, the court reasoned that, because alcoholic beverages are not targeted at minors, and because many childrens items such as comic books contain vulgar displays, that barring this label could not reasonably be expected to reduce childrens exposure to vulgar material. Furthermore, the NYSLA didnt make any addi-tional efforts to consider alternatives to the ban....
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This note was uploaded on 03/28/2012 for the course BLAW 210 taught by Professor Mumford during the Spring '08 term at Washington State University .
- Spring '08
- Business Law