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Bad Frog Brewery, Inc v. New York State Liquor Authority  After you have read the...

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shelleybell8 | Student, Undergraduate | Honors

Posted October 24, 2011 at 11:59 AM via web

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Bad Frog Brewery, Inc v. New York State Liquor Authority

  After you have read the section on federal preemption who wins and why?

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ladyvols1 | High School Teacher | (Level 3) Senior Educator

Posted October 25, 2011 at 12:14 PM (Answer #1)

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The case of Bad Frog Brewery, Inc. vs New York State Liquor Authority was decided at the state level in favor of the state of New York.  However, Bad Frog Brewery appealed the decision and in the U.S. Court of Appeals the judgement was in favor of Bad Frog Brewery.  The federal preemption was used to determine that Federal Law would supersede State Law in this case because the label of the Bad Frog product was not detrimental to children.  The Court of Appeals stated that the state of New York had no reasonable argument for the label being harmful to children when there was so much other harmful, or what could be considered obscene that children were exposed to daily.  The decision stated that barring an offensive label on beer would not significantly reduce a child's exposure to offensive media.

"A doctrine... of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws."

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