- Do businesses have a constitutionally protected right to free speech in their commercial endeavors? If so, is their level of protection equal to, less than or greater than the protection given to political speech?
2) Do you agree that the state had a substantial interest in prohibiting use the Bad Frog label to “protect children”? Why or why not?
3) The court said that banning the labels went too far, and that less restrictive alternatives can be used. List alternatives you can think of.
4) Would the result be the same if the logo was to be used on the packaging of a toy marketed to children?
Sample Solution
