Justice Robert Dondero seemed unpersuaded that an ad's proximity and content effectively turned a magazine story into commercial speech. But there was no predicting the other votes in Thursday's case.
November 13, 2009 at 12:00 AM
1 minute read
SAN FRANCISCO — 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 First District Court of Appeal. The third didn’t tip his hand.
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