The Official Beer of the Resistance

It should be noted up front that I am not an attorney. But I've read some things, so I feel qualified to opine. Also relevant to this post: like noted jurist Brett Kavanaugh, I like beer. I'm probably over-qualified to offer my take on the suds. Today, a story that combines First Amendment issues with serving beer for your consideration.

Minocqua Brewing is a Wisconsin-based brewing company with brewpubs in Minocqua (a lake community in the northern part of the state) and Madison. It's been owned by Kirk Bangstad since 2016. Some companies choose to highlight their conservative credentials (See, for example, Black Rifle Coffee). Minocqua is very adamantly in the opposite camp - they wear their progressive principles (literally) on their sleeves.

Bangstad is a vocal critic of the current administration, and the brewery has a standing offer of free beer the day that the current President* passes away. Last week, the Wisconsin Department of Revenue revoked Minocqua Brewing's operating license, effective August 4.

In 1980, the Supreme Court found in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York that commercial speech is protected under the First Amendment, assuming it passes four tests:

• The commercial speech isn’t misleading and doesn’t pertain to illegal activity.
• The government restriction serves a substantial state interest.
• The government restriction directly advances that substantial state interest.
• The government restriction isn’t more extensive than necessary to advance that state interest.

According to me, selling Foxtrot Delta Tango, ICE OUT, and I Wish It Was Free Beer Day t-shirts, while arguably in poor taste, are not per se illegal and don't warrant government restriction. Bangstad, predictably, has indicated that he will fight the revocation, saying "They’ll have to pry me out of my taprooms before I stop selling beer to thirsty progressives who come to visit us."

In honor of Minocqua Brewing, I shall choose today and always to drink beer and not be racist. You should, too.