Question

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______________

Answer 1

The appellate court ruled in favor of Bad Frog (lower court had ruled in favor of the New York State Liquor Authority) arguing that the label did not portray or concern an unlawful activity, and the state's authority couldn't prove it was protecting children from vulgar images.

The initial problem related to the repeated denial of the New York State Liquor Authority to approve Bad Frog's label even after the company had changed the label to make it less obscene. Bad Frog sued the New York State Liquor Authority and the District Court ruled against them. Then Bad Frog appealed and won.