Bad Frog Brewery, Inc. is a company in Michigan that makes and sells alcoholic beverages with some of their labels containing a frog that is ‘giving the finger.’ According to law, all licensed beer companies must submit their labels for approval from the New York State Liquor Authority to ensure that it is appropriate. After being denied twice of their application, Bad Frog appealed the decision, seeking preliminary injunction barring the NYSLA from taking any steps to prohibit the sale of beer by Bad Frog under contentious labels. The District Court ruled in favor of Bad Frog that the NYSLA failed to show that the rejection of Bad Frog’s labels “directly and materially advances the substantial government interest’ in temperance and respect
