Tag Archives: first amendment

a made-up credential implying a doctorate is inherently misleading

Posted on August 15, 2019 by

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading →

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IPSC: Closing Plenary

Posted on August 10, 2019 by

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading →

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Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

Posted on July 3, 2019 by

Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading →

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law firm raises significant 1A questions over nursing home-specific advertising law

Posted on June 27, 2019 by

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading →

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Drawing the Line Between “News” and Commercial Speech

Posted on June 4, 2019 by

Panel 3 at the Abrams Institute conference Moderator:  Terri Seligman – Partner and Co-Chair of the Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz: newsworthiness/editorial value when there’s a commercial component. As an advertising lawyer, thinks of … Continue reading →

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The Consumer “Right To Know” Versus the First Amendment

Posted on June 4, 2019 by

Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading →

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Commercial Speech & the First Amendment

Posted on June 4, 2019 by

From Yale Law School’s Abrams Institute for Freedom of Speech: Commercial Speech and the First Amendment Floyd Abrams: does commercial speech protection affect non-commercial speech law, for example by decreasing protection for political speech?  We’ve found that political speech proponents … Continue reading →

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