As the company could not demonstrate that it was trying to create a theatrical reality in the fast-food restaurant, the prohibition on the wearing of advocacy buttons infringed the Act; ALJ's findings on the sturdiness and safety of the button designs was reasonable.
Argument that subsequent buttons might be less safe and fall into the hamburgers was waived, as it wasn't raised before the Board.
http://www.ca5.uscourts.gov/opinions/pub/17/17-60241-CV0.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.