BAD FROG BREWERY v. NEW YORK STATE LIQUOR AUTHORITY

No. 1080, Docket 97-7949.

134 F.3d 87 (1998)

BAD FROG BREWERY, INC., Plaintiff-Appellant, v. NEW YORK STATE LIQUOR AUTHORITY, Anthony J. Casale, Lawrence J. Gedda, Edward F. Kelly, individually and as members of the New York State Liquor Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 15, 1998.


Attorney(s) appearing for the Case

George F. Carpinello, Albany, NY (Jeffrey S. Shelly, Barrett & Gravante, Albany, NY, on the brief), for plaintiff-appellant.

Lisa LeCours, Asst. Atty. Gen., Albany, NY (Dennis C. Vacco, Atty. Gen., Peter H. Schiff, Dep. Solicitor General, Nancy A. Spiegel, Asst. Atty. Gen., Albany, NY, on the brief), for defendants-appellees.

Marjorie Heins, Beth Haroules, New York City, submitted a brief for amici curiae the American Civil Liberties Union and the New York Civil Liberties Union.

Before: NEWMAN, ALTIMARI, and CALABRESI, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

A picture of a frog with the second of its four unwebbed "fingers" extended in a manner evocative of a well known human gesture of insult has presented this Court with significant issues concerning First Amendment protections for commercial speech. The frog appears on labels that Bad Frog Brewery, Inc. ("Bad Frog") sought permission to use on bottles of its beer products. The New York State Liquor Authority ("NYSLA" or "the Authority...

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