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Question
Duff Beer applied to the Bureau of Alcohol, Tobacco and Firearms (BATF) for approval of proposed labels and advertisements that disclosed the alcohol content of its beer. BATF rejected the application on the grounds that the Federal Alcohol Administration Act prohibited disclosure of the alcohol content of beer on labels or in advertising. The labeling regulations also prohibited the use of descriptive terms that suggest high alcohol content, such as "strong," "full strength," or "extra strength." Duff claimed the labeling restrictions violated its First Amendment rights. The government responded that the ban was necessary to suppress the threat of "strength wars" among brewers, who, without the regulation, would seek to compete in the marketplace based on the potency of beer. Discuss the analysis courts will use in evaluating the constitutionality of this restriction.
Answer
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