Drawing of a squirrel making the gesture

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Old Oak Brewery, Inc., makes and sells alcholic 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 cinsidering 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?

Reference no: EM1382735

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