Chapter 4 hw

Katherine Wong
M 2:00-5:10

Brief: Case 4.3 Bad Frog Brewery vs. N.Y. State Liquor Authority pg. 84
CITATION:
Bad Frog Brewery v. N.Y. State Liquor Authority
United States Court of Appeals, Second Circuit, 134 F.3d 87 (1998)
FACTS:
Bad Frog Brewery brews beers and labels their beers with a frog giving the finger. Bad Frog
applied to the N.Y. State Liquor Authority to get their label approved in order to sell their beers
in the state of New York, however, the N.Y. State Liquor Authority denied it. NYSLA believes
that the label in obnoxious and inappropriate for children. As a result, Bad Frog filed a suit in the
federal district court against NYSLA and asked for a injunction against the denial of the
application The court then granted summary judgment in favor of NYSLA and Bad Frog
appealed to the U.S. Court of Appeals for the Second Circuit.
ISSUE:
Does Bad Frogs label actually influence children of tender age?
DECISION:
The U.S. Court of Appeals for the Second Circuit reverse the judgment and remanded the case
for the entry of a judgment in favor of Bad Frog.
REASONS:
NYSLA had reasonable motives to in protecting children, however, they did not adequately have
any other reasons to ban the drink.
Vocabulary:
Bill of Rights- The first ten amendments to the U.S. Constitution.
Commerce clause- The provision in Article I, Section 8, of the U.S. Constitution that gives
Congress the power to regulate interstate commerce.
Due process clause- The provisions of the Fifth and Fourteenth Amendments to the Constitution
that guarantee that no person shall be deprived of life, liberty, or property without due process of
law. Similar clauses are found in most state constitutions.
Establishment clause- The provision in the First Amendment to the U.S. Constitution that
prohibits Congress from creating any law respecting an establishment of religion.
Free exercise clause- The provision in the First Amendment to the U.S. Constitution that
prohibits Congress from making any law prohibiting the free exercise of religion.

Chapter 4 hw

Katherine Wong
M 2:00-5:10

Preemption- A doctrine under which certain federal laws preempt, or take precedence over,
conflicting state or local laws.
Probable cause- Reasonable grounds to believe the existence of facts warranting certain actions,
such as the search or arrest of a person.
Search warrant- An order granted by a public authority, such as a judge, that authorizes law
enforcement personnel to search particular premises or property.
Supremacy clause- The provision in Article VI of the Constitution that provides that the
Constitution, laws, and treaties of the United States are the supreme Law of the Land. Under
this clause, state and local laws that directly conflict with federal law will be rendered invalid.