4. Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without considering alternatives, OSLA denies approval because "the label could appear in grocery stores, with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's application violates the First Amendment?

Question

Cassie Jefferson

Business

26 February, 16:26

4. Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without considering alternatives, OSLA denies approval because "the label could appear in grocery stores, with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's application violates the First Amendment?

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Kaylyn Zamora · Answer 1

A court would hold that the denial of Old Oak's application violates the First Amendment due to it could be addressed as freedom of speech violation.

The protected freedom of speech, in this case, is referred to as commercial speech, which is used on behalf of businesses as Old Oak Brewery. They have the intent of earning revenue profit persuading consumers to purchase their products through their commercial speech.