Old Oak Brewery,Inc

Essay

Old Oak Brewery,Inc.,makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA)for brand-label approval to sell the beer in Ohio.Without consid?er?ing alternatives,OSLA denies approval because "the label could ap?pear in grocery stores,with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's applica?tion vio?lates the First Amendment?