Tag Archives: commercial speech

Cal’s anti-SLAPP law protects some commercial speech, especially when it’s not really commercial

Dean v. Friends of Pine Meadow, 2018 WL 774065, No. A149735 (Cal. Ct. App. Feb. 8, 2018) Dean (shorthand here for Dean & other plaintiffs) sued defendants for allegedly false statements and publications regarding Dean’s plan to construct a housing … Continue reading

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Reading list: consequences of 1A protections for off-label promotion

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading

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Reed invalidates highway sign distance and permit regulations

Thomas v. Schroer, 2017 WL 1208672, No. 13-cv-02987 (W.D. Tenn. Mar. 31, 2017) Reed may or may not work a sea change in First Amendment law generally, but it has definitely worked a sign change. The Tennessee Department of Transportation … Continue reading

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Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordinance making it a misdemeanor to provide booking services for unregistered rental units.  The court denied a preliminary … Continue reading

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Republication of online articles was commercial speech and not protected by CDA

Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging.  The sugar industry and the corn refining industry accused each other of falsely advertising  high-fructose corn syrup (HFCS).  Plaintiffs were … Continue reading

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ADR website was commercial speech for purposes of client’s false advertising lawsuit

JAMS, Inc. v. Superior Court of San Diego County, No. D069862, — Cal. Rptr. 3d —-, 2016 WL 4014068 (Cal. Ct. App. Jul. 27, 2016) Kevin Kinsella sued JAMS, an ADR provider, and the Honorable Sheila Prell Sonenshine (Retired), alleging … Continue reading

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Volunteer moderator plausibly alleged to be agent of ISP for 230 purposes

Enigma Software Gp. USA LLC v. Bleeping Computer LLC, 16 CV 57 (S.D.N.Y. Jul. 8, 2016) Eric Goldman probably won’t like this decision holding that a volunteer moderator may be treated as the ISP’s agent when the ISP gives enough … Continue reading

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