Noncommercial speech doesn’t lose its broad First Amendment protections even when it’s tucked into a thicket of advertising, California’s 1st District Court of Appeal held Thursday.
A unanimous three-justice panel dismissed a lawsuit against Rolling Stone magazine brought by a class of indie rockers. Led by bands Xiu Xiu and Fucked Up, the plaintiffs accused Rolling Stone 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.
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