What is the test for deciding whether the government can restrict commercial speech?
After you have read the case, answer the following questions in essay format. Label your document Case Review and include the name of the case in your heading.
- What are the key facts of this case?
- Which party won the case?
- What are the reasons stated by Judge Newman for his decision? Did he rely on any precedents (previous cases or decisions used as a guide for deciding this case)? What constitutional principle did Bad Frog rely on?
- What is the test for deciding whether the government can restrict commercial speech? Did Bad Frog’s label pass this test?
- Do you agree with the court’s decision? Why or why not?