Noncommercial speech doesn't lose its broad First Amendment protections even when it's tucked into a thicket of advertising, a California appellate court held Thursday. A unanimous three-justice panel dismissed a lawsuit against Rolling Stone brought by a class of indie rockers. Led by bands Xiu Xiu and Fucked Up, the plaintiffs accused the magazine of trading on the names of 186 groups listed in a five-page article to sell four pages of neighboring advertisements to R.J. Reynolds in the November 2007 edition.
In Closely Watched Case, Calif. Court Dismisses Indie Rockers' Suit Over Magazine's Cigarette Ads
January 29, 2010