Court Recognizes First Amendment Protections To Advertising

A recent lawsuit (Gorran v. Atkins Nutritionals, Inc.) decided in federal court in New York City rejected the claim of a fed-up dieter who blamed the diet he followed for causing him heart problems in part, on First Amendment grounds. The court found that the book promoting the website was protected speech and that the website - which promoted the diet and related products and services -- contained both commercial and noncommercial speech. The decision illustrates an important distinction as to legal protection marketers need to consider -- where is the line between fully protected free speech and commercial speech, the latter of which governments can and do heavily regulate. Our article on the subject can be found here.

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