A federal judge ruled Monday that North Carolina's beer bureaucrats violated the Constitution when they tried to ban a beer because they disliked the art on the label.
The offending label was wrapped around bottles of Maryland-based Flying Dog Brewery's Freezin' Season Winter Ale, and appears to show a tiny appendage between the legs of a Ralph Steadman cartoon character. Last year, the North Carolina Alcoholic Beverage Control (ABC) Commission told Flying Dog that the beer could not be sold in the state due to the "inappropriate" and "in bad taste" label design.
But there's no accounting for taste in the First Amendmentindeed, the most fundamental aspect of the constitutional protections afforded to free speech is that government officials can't prohibit expression or art simply because they dislike it.
On Monday, Judge Terrence Boyle confirmed as much, writing that prior court rulings regarding commercial speech "should have placed any reasonable state liquor commissioner on notice that banning a beer label based on its content would violate the First Amendment."
"The challenged regulation is facially unconstitutional because it is overbroad and otherwise not narrowly tailored to achieve North Carolina's proffered substantial interest," Boyle concluded.
Jim Caruso, CEO of Flying Dog, calls the ruling "a resounding victory for the First Amendment."
"With the First Amendment seemingly under attack from all sides, it is heartening to see court decisions like this that protect the freedoms that it embodies," says Caruso, who is a financial supporter of Reason Foundation, the nonprofit that publishes this website. "The First Amendment is the last defense against authoritarian and arbitrary government and it must be protected against any and all threats."
The North Carolina ABC argued in court documents that its beer label regulations are meant to protect shoppers' eyes from vulgar and sexual content. If Flying Dog wants to sell its beer in North Carolina, the ABC argued, then "it can do so in ways other than showing a naked cartoon figure with a naked cartoon penis."
A surprising amount of the legal back-and-forth in the case revolved around the question of whether the cartoon figure on the label is, in fact, sporting a tiny member between its legs. While the label "shows a small protrusion that is where one would expect to find a penis on most male humans," it is "otherwise not at all identifiable as one. There are no constituent parts of a penis, no testicles, and it is not engorged. It is a small nub that merely suggests a penis. It is certainly not sexually explicit," the brewery's lawyers wrote in court documents.
At one point, Flying Dog's lawyers entered a "super-zoom of the 'penis'" into the court record.
"It may not have all the bells and whistles, but it's a penis," attorneys for the North Carolina ABC wroteyes, reallyin response.
But Boyle noted that the state's rules are, in fact, far more expansive than merely policing sexual or pseudo-sexual content. And the judge sided with Flying Dog's contention that those rules are not only vast but also inconsistently applied.
AsReasonhas previously covered, the North Carolina ABC has blacklisted about 230 beer and wine brands since 2002 for having labels or names that offended the board's sensibilities. Ironically, the North Carolina ABC reportedly told Utah-based Wasatch Brewery that its "Polygamy Porter" could not be sold in the state because "polygamy is illegal." But the board also banned a beer named "Kissing Cousins" despite the factthat it isliterally legal to marry your first cousinin North Carolina.
Boyle concluded that the North Carolina ABC's rules prohibiting speech that regulators deem "undignified, immodest, or in bad taste" could give the state "vast" power over the type of advertising allowed.
"Indeed, the Supreme Court has recently reaffirmed 'the bedrock First Amendmentprinciple [that] Speech may not be banned on the ground that it expresses ideas that offend,'" wrote Boyle, citing the landmark 2017 Supreme Court ruling Matal v. Tam.In that case, the court found that that the federal Patent and Trademark Office (PTO)could not prevent all-Asian dance-rock band The Slants from trademarking its name, even if the name violated PTO rules against disparaging "persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." Restrictions on commercial speech must serve a "substantial" government interest and must be "narrowly drawn," the court held inMatal.
It's obviously silly for alcohol regulators to be concerned with what images appear on beer labels, but Monday's ruling leaves no doubt that it's unconstitutional too.
View original post here:
The First Amendment Protects the Right To Put a Tiny Penis on a Beer Label - Reason
- Why 'Sister Wives' Star Kody Brown Thought Polygamy Was 'Unfair' - PEOPLE - January 23rd, 2024 [January 23rd, 2024]
- Mr Seed's Marriage in Trouble Over His Sentiments About Polygamy: "Insensitive" - Tuko.co.ke - January 23rd, 2024 [January 23rd, 2024]
- Exclusive: Mr Seed clarifies controversial statement on polygamy after wife's outburst - Nairobi News - January 23rd, 2024 [January 23rd, 2024]
- Sister Wives: Kody & Robyn Brown Will Probably Get A Divorce (Their Problems Are Getting Worse) - Screen Rant - January 23rd, 2024 [January 23rd, 2024]
- Miriam Lord: Polygamy and throuples in the Dil chamber? Doesn't sound like a durable relationship - The Irish Times - January 23rd, 2024 [January 23rd, 2024]
- Kody Brown's 'Confidence Is Coming Back' as He Looks Forward to 'a Lot More Understanding' in Family (Exclusive) - Yahoo Canada Shine On - January 23rd, 2024 [January 23rd, 2024]
- Referendum to expand definition of family will not include protections for polygamy or throuples - http://gcn.ie/ - January 23rd, 2024 [January 23rd, 2024]
- Sister Wives star Christine Browns new husbands niece and her 2 children tragically murdered in Mex... - The US Sun - January 23rd, 2024 [January 23rd, 2024]
- Polygamy: The case of Mufti Muhammad Sadiq Sahib - The Weekly Al Hakam - December 7th, 2023 [December 7th, 2023]
- The acceptance of polygamy and the slippery slope - The Christian Post - December 7th, 2023 [December 7th, 2023]
- Sister Wives Fan Theory Proves Why Robyn & Kody's Marriage Doesn't Work Without His Exes - Screen Rant - December 7th, 2023 [December 7th, 2023]
- Sister Wives: How Kody Brown & Robyn's Relationship Led To The Family's Downfall - Screen Rant - December 7th, 2023 [December 7th, 2023]
- COMMENT | Why is it so hard to stamp out misogyny and sexism? - Malaysiakini - December 7th, 2023 [December 7th, 2023]
- What Entails the Call to theological and pastoral discernment on the ... - ACI Africa - November 4th, 2023 [November 4th, 2023]
- Is it time to rethink monogamy? | Nation - Nation - November 4th, 2023 [November 4th, 2023]
- Karen Nyamu should answer why Edday relocated to US not me ... - K24 TV - November 4th, 2023 [November 4th, 2023]
- Cardinal Cupich on the synod, women deacons, giving bishops job ... - America: The Jesuit Review - November 4th, 2023 [November 4th, 2023]
- 'Sister Wives' Season 18 Episode 11 Recap: A Cringey Anniversary ... - The Ashley's Reality Roundup - November 4th, 2023 [November 4th, 2023]
- Letter: Like James Huntsman, I cannot accept the doctrine of polygamy - Salt Lake Tribune - October 31st, 2023 [October 31st, 2023]
- Orem's Pioneer History Comes to Life City of Orem - City of Orem - October 31st, 2023 [October 31st, 2023]
- From draft to final text: 10 ways the synod report changed - The Pillar - October 31st, 2023 [October 31st, 2023]
- Mitt Romney, We Hardly Knew Ye - The Federalist - October 31st, 2023 [October 31st, 2023]
- Living in polygamy: Local author looks back on growing up in ... - Wyoming Tribune - July 21st, 2023 [July 21st, 2023]
- Sister Wives: Robyn Brown's All About Monogamy Now (Was She ... - Screen Rant - July 21st, 2023 [July 21st, 2023]
- First, make all polygamy illegal | India News - Times of India - Times of India - July 21st, 2023 [July 21st, 2023]
- Polygamy going down among Muslims, says GoI supported ... - THE INDIAN AWAAZ - July 21st, 2023 [July 21st, 2023]
- Article XVIII of the BF&M: The Family - The Pathway - July 21st, 2023 [July 21st, 2023]
- Apologetics that (Might) Matter - By Common Consent - July 21st, 2023 [July 21st, 2023]
- It's not just Muslims who have multiple wives in India. But practice ... - ThePrint - May 18th, 2023 [May 18th, 2023]
- Performance review: The Poison of Polygamy, La Boite Theatre - ArtsHub - May 18th, 2023 [May 18th, 2023]
- Jake Shields wants polygamy to be legal in the US after several attacks on the transgender community - Sportskeeda - May 18th, 2023 [May 18th, 2023]
- Rajasthan Man Marries Two Sisters, Here's The Reason Behind It - SheThePeople - May 18th, 2023 [May 18th, 2023]
- India News LIVE | Assam forms 4-member panel to examine possibility of law to end polygamy - Republic World - May 18th, 2023 [May 18th, 2023]
- A Muslim woman responds to Prof Wasey's article on inheritance ... - Awaz The Voice - May 18th, 2023 [May 18th, 2023]
- Musa Mselekus son on polygamy and wanting more than four wives - TimesLIVE - May 18th, 2023 [May 18th, 2023]
- KNUT Boss Urges Men to Consider 3 Wives in Polygamous ... - Tuko.co.ke - April 30th, 2023 [April 30th, 2023]
- Sister Wives Christine Brown shows off slimmed-down figure in sexy V-neck top after engagement to David W... - The US Sun - April 30th, 2023 [April 30th, 2023]
- Brazilian man spends Rs 80 lakh for bed to share with 6 wives: What is polyamory? - Firstpost - April 30th, 2023 [April 30th, 2023]
- Same-Sex Marriage Case : Sexual Autonomy Argument May Be Used To Defend Incest, Argues Solicitor General; ... - Live Law - Indian Legal News - April 30th, 2023 [April 30th, 2023]
- Population anxiety in Pakistan - The Express Tribune - April 30th, 2023 [April 30th, 2023]
- Indore: City youths give thumbs up to same-sex marriage - Free Press Journal - April 30th, 2023 [April 30th, 2023]
- Sister Wives Kody Brown Has Been Outspoken About His Thoughts on Polygamy and Monogamy: Quotes - inTouch Weekly - March 31st, 2023 [March 31st, 2023]
- Pros And Cons Of Polygamy (29 Things You Should Know About Polygamy) - March 4th, 2023 [March 4th, 2023]
- Rev Father Kelvin Ugwu knocks women wishing to be Ned Nwokos next wife after condemning polygamy - WITHIN NIGERIA GIST - January 27th, 2023 [January 27th, 2023]
- Top judge who upheld Canada's polygamy law announces he will be retiring - Vancouver Sun - January 10th, 2023 [January 10th, 2023]
- Polygamy: Yul Edochie publicly apologises to first wife - December 26th, 2022 [December 26th, 2022]
- Utah polygamist sect accused of indoctrination, rape and child marriage ... - December 26th, 2022 [December 26th, 2022]
- Difference Between Monogamy and Polygamy - December 21st, 2022 [December 21st, 2022]
- Take out the polygamy and the Browns of Sister Wives are just another messed up family - Toronto Star - December 16th, 2022 [December 16th, 2022]
- Tony Perkins slams New York courts pro-polygamy ruling | Politics News - December 12th, 2022 [December 12th, 2022]
- Polygamist leader had at least 20 wives, mostly minors, documents say - NPR - December 12th, 2022 [December 12th, 2022]
- Polyandry in Tibet - Wikipedia - November 1st, 2022 [November 1st, 2022]
- Why is polygamy in the Vaticans synod document? - The Pillar - November 1st, 2022 [November 1st, 2022]
- "Chubby and Slim, Nice": Loving Man Wows His 2 Wives, Gifts Them New Cars on the Same Day in Cute Video - Legit.ng - October 17th, 2022 [October 17th, 2022]
- Heartbroken Womans Husband Goes on Weekend Business Trip, Comes Back Wanting a Polygamist Marriage - Briefly - October 17th, 2022 [October 17th, 2022]
- Sister Wives Season 17 Is a Triumph of Documentary Filmmaking - Gawker - October 17th, 2022 [October 17th, 2022]
- Triple talaq to hijabHow Hindutva reversed gains made by Muslim womens movements - ThePrint - October 17th, 2022 [October 17th, 2022]
- "Sign the divorce paper" Netizens fire Yul Edochie as he begins another project with Judy Austin - Kemi Filani News - October 17th, 2022 [October 17th, 2022]
- Escape from Polygamy (TV Movie 2013) - IMDb - September 11th, 2022 [September 11th, 2022]
- What The Bible Really Says About Polygamy | The Daily Wire - September 11th, 2022 [September 11th, 2022]
- Judge allows public school with ties to polygamy to keep its board, for now - FOX 13 News Utah - September 11th, 2022 [September 11th, 2022]
- 'The Colony' revisits the 2019 cartel murder of 9 women, children in Mexico - KNPR - September 11th, 2022 [September 11th, 2022]
- Like some other religions, LDS Church seems obsessed with sex. - Salt Lake Tribune - September 11th, 2022 [September 11th, 2022]
- Sharia Court Holds That Divorce Is The Only Circumstance In Which A Muslim Man, Who Contracted A Marriage Under The Marriage Act Can Practice Polygamy... - September 11th, 2022 [September 11th, 2022]
- What Is Polygamy? A Polygamist Debunks the Allure of Marrying More Than One Partner - Esquire - July 25th, 2022 [July 25th, 2022]
- Siege warfare, polygamy and sacrilege: meet history's most outrageous king, Demetrius the Besieger - The Conversation - July 25th, 2022 [July 25th, 2022]
- Ivorian Parliament to Review Polygamy in a Blow for Womens Equality - IDN InDepthNews | Analysis That Matters - July 25th, 2022 [July 25th, 2022]
- Minimum age for women to marry increased to 18 in Kedah, one year jail for polygamy without permission - The Star Online - July 25th, 2022 [July 25th, 2022]
- 'Mseleku is the face of heartbreak': Tweeps react to 'Mnakwethu' episode - TimesLIVE - July 25th, 2022 [July 25th, 2022]
- Utah's Pioneer Day celebrates Mormons' trek west but there's a lot more to the history of Latter-day Saints and migration - The Edwardsville... - July 25th, 2022 [July 25th, 2022]
- How I survived depression after my husband took a second wife May Edochie - Daily Post Nigeria - July 25th, 2022 [July 25th, 2022]
- New book, 'The Colony,' takes readers into a realm they never could have imagined - Mesquite Local News - July 13th, 2022 [July 13th, 2022]
- Challenging the conventional way of loving - Hindustan Times - July 13th, 2022 [July 13th, 2022]
- 'What We Do in the Shadows' Season 4's most uncanny twist is a total delight - Inverse - July 13th, 2022 [July 13th, 2022]
- Legality of polygamy - Wikipedia - July 11th, 2022 [July 11th, 2022]
- Legality of polygamy in the United States - Wikipedia - July 11th, 2022 [July 11th, 2022]
- Letter to the Editor: Rep. Lauren Boebert's comments about church and state are wrong - Summit Daily - July 11th, 2022 [July 11th, 2022]
- Elon Musk jokes after twin reveal: I'm 'doing my best to help the underpopulation crisis' - Marca English - July 11th, 2022 [July 11th, 2022]
- The Resurging Spectacle of the LDS Church in Film and TV - Study Breaks - July 11th, 2022 [July 11th, 2022]
- Drake Makes Tristan Thompson Best Man in Polygamy-Themed 'Falling Back' Vid - June 29th, 2022 [June 29th, 2022]