Judge Prohibits New York's Interference With Sale Of Kevin Trudeau's Best-Selling Book

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, Sept. 7 /PRNewswire/ -- 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."

Source: TruStar Global Media

CONTACT: Leslie Valenza, +1-202-973-1320, or cell, +1-703-909-1283, or lvalenza@levick.com, or Robin Scullin, +1-202-973-1342, or cell, +1-703-475-1882, or rscullin@levick.com, both for TruStar Global Media

------- Profile: Ent