> But both claim A and claim B look like commercial speech to me!
One of them offer a refund without making any kind of claim, the other makes a claim about the contents of the book and about what outcome purchasers have a right to expect. They are treated differently under the law.
But I can see you are simply not going to get this, no matter how many cases I quote for you, how many legal decisions.
> How is claim B more dangerous than claim A?
One of the statements offer a refund without making any kind of claim about the book's effect. The other makes a claim about the book's effect.
Imagine you are a doctor, offering a miracle cure that is in the pages of a book. To one group you say, "If you're not happy with my book, I will give you your money back."
To the other you say, "My book provides a cure for cancer. If your cancer isn't cured, I will give you your money back."
The first pitch is protected under the First Amendment because it doesn't describe the book's contents or effect, and therefore it doesn't matter what the book says. The second doesn't have First Amendment protection, because it's commercial speech that makes a claim about the contents of the book. In the second case, the author makes the mistake of making a claim about the book and its contents in his promotion, outside the protection of the First Amendment.
Quote: "Trudeau insisted his First Amendment rights were being infringed, and began advertising books rather than diet supplements in new infomercials ... [but] the new ruling requires Trudeau to give back all the money he made from selling books during the infomercial ban."
The reason Trudeau lost his case, even though he was selling books, is because he didn't just sell the books, he described what the reader should expect from them in his pitches. It was on this basis that the court ruled against him.
One of them offer a refund without making any kind of claim, the other makes a claim about the contents of the book and about what outcome purchasers have a right to expect. They are treated differently under the law.
But I can see you are simply not going to get this, no matter how many cases I quote for you, how many legal decisions.
> How is claim B more dangerous than claim A?
One of the statements offer a refund without making any kind of claim about the book's effect. The other makes a claim about the book's effect.
Imagine you are a doctor, offering a miracle cure that is in the pages of a book. To one group you say, "If you're not happy with my book, I will give you your money back."
To the other you say, "My book provides a cure for cancer. If your cancer isn't cured, I will give you your money back."
The first pitch is protected under the First Amendment because it doesn't describe the book's contents or effect, and therefore it doesn't matter what the book says. The second doesn't have First Amendment protection, because it's commercial speech that makes a claim about the contents of the book. In the second case, the author makes the mistake of making a claim about the book and its contents in his promotion, outside the protection of the First Amendment.
How is that in any way complicated?
URL:
http://articles.businessinsider.com/2011-12-16/news/30523850...
Quote: "Trudeau insisted his First Amendment rights were being infringed, and began advertising books rather than diet supplements in new infomercials ... [but] the new ruling requires Trudeau to give back all the money he made from selling books during the infomercial ban."
The reason Trudeau lost his case, even though he was selling books, is because he didn't just sell the books, he described what the reader should expect from them in his pitches. It was on this basis that the court ruled against him.