Wednesday, December 06, 2006

"Whether art is hanging in a museum or on a beer label, it is protected speech"

So says the Maine Civil Liberties Union attorney who recently filed a First Amendment lawsuit against the state’s Bureau of Liquor Enforcement over its rejection of three beer labels, including one for “Santa’s Butt Winter Porter” that depicts Mr. Clause from behind, drinking a beer, his ample rear end resting on a wooden barrel. has the story, including a picture of the offending label. The New York Times had a brief story over the weekend.

Law professor Heidi Kitrosser uses the case as a jumping off point to consider the appropriate level of protection for commercial speech.