Flying Dog Wins Landmark Freedom of Speech Case For Raging Bitch

FREDERICK, MD – Good Beer, No Censorship prevails.

The United States Court of Appeals ruled yesterday that the Michigan Liquor Control

Commissioners can be held accountable for violating Flying Dog Brewery’s First

Amendment rights related to the 2009 ban of the sale of Raging Bitch Belgian-Style IPA

in the state.

“This ruling is invigorating,” Jim Caruso, Flying Dog CEO, said. “It’s taken a few years, but

now appointed bureaucrats are accountable for imposing their personal agendas and

prejudices on the public, and for committing the crime of violating Flying Dog’s right to

Freedom of Speech. This is refreshing, and I hope this Federal Court ruling benefits

breweries, wineries and distilleries in other states, as well.”

The Supreme Court had long established that the power to regulate alcohol does not

authorize the violation of free speech rights. Yesterday’s landmark ruling confirms again

that officials who nonetheless violate First Amendment rights are not immune from

liability.

Caruso added: “This huge victory would not have been possible without attorney Alan

Gura and the support of Alan Gottlieb and the Center for the Defense of Free

Enterprise.”

The Commission originally deemed the Raging Bitch label “detrimental to the health,

safety or welfare of the general public” and prohibited the beer from being sold in

Michigan. Flying Dog found that to be an appalling attempt at state censorship, as well

as a clear violation of its First Amendment rights.

“Let this be another lesson to the politically-correct crowd. There’s no free ride for

violating Americans’ free speech rights,” Flying Dog Attorney Alan Gura, of Washington,

DC-based Gura & Possessky, PLLC, said. “In 21st Century America, officials cannot ban

words, artwork and poetry they dislike. Illegal censorship causes real harm, and

Michigan’s liquor commissioners will now be made to pay real money for the damage

they’ve done.”

The ruling will allow Flying Dog to recover damages from the loss of sales during the

ban, which Caruso plans to use to establish a Freedom of Speech society in the

brewery’s hometown of Frederick, Md.

A full timeline of the almost six-year brouhaha is as follows:

September 2009: Flying Dog requested approval to register Raging Bitch in the

state



November 2009: That request was denied by the Michigan Liquor Control

Commission



April 2010: Flying Dog appealed the decision a hearing in front of the

Commission



July 2010: Commissioners denied Flying Dog’s appeal



March 2011: Flying Dog filed suit in U.S. District Court against the Commission

and each of its individual Commissioners



April 2011: Flying Dog filed a preliminary injunction requesting that Raging Bitch

be sold in Michigan while the case is pending



June 2011: With the Federal case pending, the Commission reversed its ban on

Raging Bitch, allowing it to be sold in the state