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 childrenmight 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?