Two divergent rulings in class actions in New York and California over the constitutional protection of a book cover could have a dramatic impact on the way book publishers and other media companies promote their works.

In Lacoff v. Buena Vista Publishing, and Keimer v. Buena Vista Books, 75 Cal. App. 4th 1220, the New York Supreme Court and a California appellate court were faced with the difficult task of deciding whether the cover of a book is commercial speech and subject to state advertising laws, or noncommercial speech, which is protected by the First Amendment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]