Fat Cat Brewery (FCB) sells beer containing labels displaying a cat making a rude gesture with the middle finger. FCB’s distributor, Robillio Distillery, applied to the Tennessee Alcoholic Beverage Commission (TABC) for approval of the label, which was required before the beer could be sold in Tennessee. The TABC rejected the application because children might see the labels in stores. FCB filed a lawsuit in federal district court against the TACB, asking for, among other things, an injunction against the denial.
Was the TABC’s ruling that prohibited the gesture on the beer labels an unconstitutional restriction commercial speech?
If Fat Cat Brewery had applied to use the offensive label to market toys instead of beer, would the court’s ruling likely have been the same? Why or why not?
Scenario 3: Constitution
Vicki accepted a management position at Dunavant Enterprises, a distribution center for construction machinery parts. When arriving for work on the first day, Vicki noticed a sign that states weapons, including handguns, are not permitted anywhere on the employer’s premises. While completing her new hire paperwork, Vicki sees the same information about weapons being banned from company property in the employee handbook. The employee handbook informs employees that the company reserves the right to search persons, vehicles, and other property. Vicki has a permit to carry a handgun and it is currently locked in her vehicle in the parking lot. Vicki signed the acceptance of the terms of the handbook; however, she had no intention of leaving her gun at home.
Three weeks later, briefcases, purses, and vehicles were randomly searched by Dunavant’s Security Department. When the officers found the loaded gun under the seat of Vicki’s car, she was terminated.
Based on your research and the scenario, provide answers to the following questions.
Identify the statute and provide a brief summary of it.
Did the company violate Vicki’s Second Amendment rights? Why or why not?
Did Dunavant’s prohibition on weapons violate the state statute you selected?
What advice would you provide to the company and Vicki?