Kevin Trudeau's Best-Selling Book - Judge Prohibits NY's Interference

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Kevin Trudeau's Best-Selling Book - Judge Prohibits NY's

Interference

Fri, 16 Sep 2005 22:52:47 +0100

 

 

 

 

JUDGE PROHIBITS NEW YORK'S INTERFERENCE WITH SALE OF KEVIN TRUDEAU'S

BEST-SELLING BOOK

Attempt to Suppress Book Critical of Government Agencies Found to

Violate Author's First Amendment Rights

 

Chicago, September 7, 2005 – A federal judge Tuesday issued a

preliminary injunction against the New York State Consumer Protection

Board (CPB) prohibiting it from directly contacting a cable or

broadcast station in order to induce such stations to refuse to carry,

or cease to carry advertisements for the Natural Cures book authored

by Kevin Trudeau. The court order protects as First Amendment speech

the advertisements for Kevin Trudeau's best-selling book, Natural

Cures " They " Don't Want You to Know About. The court's order also

specifically prohibits the CPB from sending a letter to broadcasters

asking them to pull the infomercial.

 

Mr. Trudeau was required to prove a substantial likelihood of success

because he was seeking to stop a government agency from acting. The

court found Mr. Trudeau met that burden of proof in establishing that

his First Amendment rights were violated and that the infomercials

were fair and accurate advertisements for the book.

 

The CPB argued the infomercials were misleading. The judge rejected

that argument, however, in granting the preliminary injunction.

 

The court also expressed disagreement with the CPB's press release,

which incorrectly indicated that the judge approved the CPB contacting

broadcasters. The court never approved such actions, in fact, on

Tuesday, the court found a high likelihood that the CPB violated Mr.

Trudeau's First Amendment rights by doing so.

 

The court also agreed to hear on an emergency basis a motion to

require the CPB to withdraw or retract the letters that were already sent.

 

According to Mr. Trudeau's counsel, David J. Bradford of Jenner &

Block, " Mr. Trudeau and Alliance Publishing Group, Inc. believe that

the Consumer Protection Board's unconstitutional conduct has caused

tens of millions of dollars of damages. We intend to hold all

responsible officials fully accountable for trampling on basic First

Amendment rights. "

 

In addition, Mr. Trudeau and Alliance Publishing Group, Inc. alleged

that the CPB's letter was false and inaccurate. The letter represented

that there were 431 consumer complaints over the book. The majority of

those complaints relate to other products shipped by the fulfillment

company and have nothing to do with Trudeau's book.

 

According to Neil Sant, President of Alliance Publishing Group, Inc.,

" The CPB's conduct is shameful. It is generating misinformation,

making totally false accusations, and appears intent on misleading

broadcasters and the public in an effort to silence the truth. "

 

Mr. Sant continued, " It is clear that certain government officials are

threatened by this book because it exposes the government's misconduct

and because it is a best-seller that strikes a chord with Americans

everywhere. The government tried to censor this book in direct

violation of the First Amendment. "

 

For more information, please contact:

Leslie Valenza

Telephone: (202) 973-1320

Cell phone: (703) 909-1283

Email: @levick.com>lvalenza Robin Scullin

Telephone: (202) 973-1342

Cell phone: (703) 475-1882

E-mail: @levick.com>rscullin

 

MORE ON THIS STORY..........

http://www.post-gazette.com/pg/05252/568248.stm

 

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