Tenth Circuit· 10/26/2005
United States v. Wenger
Citations
- 427 F.3d 840
- 68 Fed. R. Serv. 805
- 2005 U.S. App. LEXIS 23137
- 2005 WL 2767182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in the context of securities fraud, “[g]ood faith reliance on counsel . . . is merely one factor a jury may consider when determining whether a defendant acted willfully”
- concluding that requirement that publicists disclose the amount of consideration they are receiving “impose[s] little burden on speech” as it “takes only a slight effort to tell one’s listeners or readers” that they have been paid for the publication or broadcast
- “It is undisputed that the government has an interest in protecting consumers from being misled.”
- quoted Justice Stevens’s line from 44 Liquormart but included no additional language suggesting a same-sovereign requirement; the case did not turn on such a requirement
- “While disinterested investment advice will still qualify for full First Amendment protection, paid publicists’ speech is grounded in commercial transactions of the kind that the state has traditionally regulated.”
- applying Zauderer to compelled disclosure in newsletter and radio program
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, Anderson, Tymkovich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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