ACLU Challenges Government Censorship of Beer Labels
FOR IMMEDIATE RELEASE
January 12, 1998
The American Civil Liberties Union (ACLU) of Colorado filed suit today in Denver District Court to challenge the State of Colorado’s censorship of the original label for Road Dog Ale, which Broadway Brewing Company began bottling and distributing in 1995.
Under Colorado law, brewers cannot distribute beer within the state unless the label has been approved by the Colorado Division of Liquor. Road Dog’s label flunked because it contained the phrase "good beer . . . no shit," which was deemed to be "obscene or profane in nature."
"This kind of government censorship is not only forbidden by the First Amendment," said Mark Silverstein, ACLU Legal Director, "it’s also silly. We don’t need government bureaucrats wasting their time and our money trying to protect beer drinkers from nasty words."
The ACLU acknowledged that in some cases the government may have something to say about the labeling of a product, but not in this case. "The government does have a legitimate interest in protecting consumers from fraudulent or inaccurate product labeling," explained Alinka Flaminia, an ACLU cooperating attorney. "But this case has nothing to do with preventing fraud. This is censorship, plain and simple."
The original artwork for the label, designed by internationally-renowned illustrator Ralph Steadman, consists primarily of a drawing of a dog wearing sunglasses. The controversial text appears in small writing that Steadman blended into the label’s background. Steadman’s artwork also contains a scroll-like banner with additional text, "Good people drink good beer," contributed by Colorado writer Hunter S. Thompson.
"Art, of course, is supposed to startle or provoke," explained George Stranahan, an owner of Broadway Brewing who commissioned Steadman to design the label. "At the worst, Steadman’s