Bad Frog Case Study Essay examples

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Bad Frog Brewery, Inc. v. New York State Liquor Authority
134 F.3d 87 (1998)

Copyright 2002 Lawrence O. Gostin. No claim made to original government works

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BAD FROG BREWERY v. NEW YORK STATE LIQUOR AUTH., 134 F.3d 87 (1998)

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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 FOR THE SECOND CIRCUIT
134 F.3d 87 October 22, 1997, Argued January 15, 1998, Decided

«90 » 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
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Bad Frog filed a new application in August, resubmitting the prior labels and slogans, but omitting the label with the slogan "He's mean, green and obscene," a slogan the Authority had previously found rendered the entire label obscene. That slogan was replaced with a new slogan, "Turning bad into good." The second application, like the first, included promotional material making the extravagant claim that the frog's gesture, whatever its past meaning in

The gesture, also sometimes referred to as "flipping the bird," see New Dictionary of American Slang 133, 141 (1986), is acknowledged by Bad Frog to convey, among other things, the message "fuck you." The District Court found that the gesture "connotes a patently offensive suggestion," presumably a suggestion to having intercourse with one's self.
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Hand gestures signifying an insult have been in use throughout the world for ma ny centuries. The gesture of the extended middle finger is said to have been used by Diogenes to insult Demosthenes. See Betty J. Buml & Franz H. Buml, Dictionary of Worldwide Gestures 159 (2d ed. 1997). Other hand gestures regarded as insults in some countries include an extended right thumb, an extended little finger, and raised index and middle fingers, not to mention those effected with two hands. See id.

Public Health Law and Ethics: A Reader Copyright © 2002 Lawrence O. Gostin

BAD FROG BREWERY v. NEW YORK STATE LIQUOR AUTH., 134 F.3d 87 (1998)

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