Literally. Six years down the road, Flying Dog Brewery wins a great victory for freedom of speech, crushing that hoary old idea that the First Amendment doesn’t necessary apply to products that make you drunk.<\/p>\n
From the Flying Dog’s triumphant press release:<\/p>\n
\nThe United States Court of Appeals ruled yesterday that the Michigan Liquor Control Commissioners can be held accountable for violating Flying Dog Brewery\u2019s First Amendment rights related to the 2009 ban of the sale of Raging Bitch Belgian-Style IPA in the state.<\/p>\n
\u201cThis ruling is invigorating,\u201d Jim Caruso, Flying Dog CEO, said. \u201cIt\u2019s taken a few years, but now appointed bureaucrats are accountable for imposing their personal agendas and prejudices on the public, and for committing the crime of violating Flying Dog\u2019s right to Freedom of Speech. This is refreshing, and I hope this Federal Court ruling benefits breweries, wineries and distilleries in other states, as well.\u201d<\/p>\n
The Supreme Court had long established that the power to regulate alcohol does not authorize the violation of free speech rights. Yesterday\u2019s landmark ruling confirms again that officials who nonetheless violate First Amendment rights are not immune from liability.<\/p>\n
The Commission originally deemed the Raging Bitch label \u201cdetrimental to the health, safety or welfare of the general public\u201d and prohibited the beer from being sold in Michigan. Flying Dog found that to be an appalling attempt at state censorship, as well as a clear violation of its First Amendment rights.<\/p>\n
\u201cLet this be another lesson to the politically-correct crowd. There\u2019s no free ride for violating Americans\u2019 free speech rights,\u201d Flying Dog attorney Alan Gura said. \u201cIn 21st Century America, officials cannot ban words, artwork and poetry they dislike. Illegal censorship causes real harm, and Michigan\u2019s liquor commissioners will now be made to pay real money for the damage they\u2019ve done.\u201d<\/p>\n
The ruling will allow Flying Dog to recover damages from the loss of sales during the ban, which Caruso plans to use to establish a Freedom of Speech society in the brewery\u2019s hometown of Frederick, Md.<\/p><\/blockquote>\n