New York must pay $104,191 in attorney fees to an infomercial pitchman even though his claim that the state squelched his free speech rights to promote his book against the health care establishment was ultimately dismissed, a federal judge has ruled.

Northern District of New York Judge Gary L. Sharpe held that the author, Kevin Trudeau, gained “prevailing party” status in his dispute with the Consumer Protection Board based on the judge’s finding in 2005 that there was a “heavy likelihood” the state intended to violate Trudeau’s First Amendment guarantees.

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