NYSLA, And Ultramares Corp. V. Touche

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Paper 2 The quote “the law is reason free from passion” comes from the philosopher Aristotle who was commentating on how the judicial system was created so that men could create rational decisions based on the facts of the case and not from external influences. By closely examining the following three cases, we can use them to support Aristotle’s statement about the legal system such as the Hamer v. Sidway, Bad Frog Brewery Inc. v. NYSLA, and Ultramares Corp v. Touche. All of the cases that we examine below, we can see how rational reasoning and thinking paved way for modern courts to handle cases where the decisions could be affected by bias but through careful understanding of the facts of the case, the judges created a precedent for future…show more content…
This is the main objective of the judicial system as their unbiased nature is what gives them credibility and authority. One example of this would be the Bad Frog Brewery v. NYSLA (pg.81-82) as it was a case about commercial speech and whether the state interest was substantive enough to warrant a ban on their product of a frog giving the finger. The court of appeals overturned the original decision as they saw that the state interest was not substantive enough as they believed banning the beer label would not reduce minors being shielded away from vulgarity with all the external influences from society. Also they believed that it was far too excessive as to ban it all together even in bars and taverns where there is far more supervision for minors. Thus in finding that the state’s interest was not substantive in banning the beer label and went too far in promoting the government’s interest, they overturned the case in favor of Bad Frog Brewery and showcased how courts are able to demonstrate their authority by being able to tell the government when they wrong in their assumptions. The implications of this case is that it protected commercial speech because if the courts had affirmed the original decision then other businesses would be far more conservative in their advertising and marketing since the government could ban them by stating it is in the state’s interest. This is why Bad Frog is such an important case for commercial speech since it limits how restrictive the government can be against commercial speech since they can’t claim anything as substantive government
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