Fending off accusations it misappropriated the names of more than 185 indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice in its corner. However, two votes are needed to win and one judge was absent during oral arguments in the San Francisco court. The third didn't tip his hand. At issue is whether an article was First Amendment-protected noncommercial speech or whether an accompanying ad converted the story into commercial speech aimed at selling a product.
November 13, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Fending off accusations it misappropriated the names of more than 185 indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice solidly in its corner.
However, two votes are needed to win and one justice was absent during oral arguments in San Francisco’s 1st District Court of Appeal. The third didn’t tip his hand.
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