Simpson Strong-Tie Co., Inc. v. Gore

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• requiring that the defendant be “primarily engaged in the business of selling goods or services”
• concluding advertisement, as 3 ||a whole, did not constitute commercial speech
• requiring that the speech be made “for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person’s goods or services or in the course of delivering the person’s goods or services”
• adopting four-element test and holding that the California statute's commercial-speech exemption applies only if the speaker's intended audience includes actual or potential buyers or customers of the speaker's goods or services
• “One claiming an exemption from a general statute has the burden of proving that he comes within the exemption.”
• “The burden of proof as to the applicability of the commercial speech exemption, therefore, falls on the party seeking the benefit of it — i.e., the plaintiff”

Source: CourtListener parenthetical corpus (CC0).