Jump to full article: California Courts (Judicial Council of California), 2010-01-28
Intro: Defendants are the publishers of Rolling Stone magazine. The named plaintiffs in this class action lawsuit are •indie rock• musicians whose band names are included with the names of over 100 other bands in an editorial feature entitled •Indie Rock Universe•
(the Feature) that appeared in the November 15, 2007 issue of Rolling Stone . . .
The opposite page, on the magazine‘s left-hand side, contains a full-page advertisement for Camel cigarettes. . . .
In closing, we appreciate that the placement of the Feature within the gatefold layout may have caused plaintiffs some distress, insofar as their bands‘ names appeared in such close proximity to R.J. Reynold‘s expressions of corporate sponsorship for independent music. Doubtless, Dustin Hoffman experienced similar distress upon seeing
the image that was the subject of his lawsuit against Los Angeles magazine. Because plaintiffs have not demonstrated that defendants acted with actual malice, however, constitutional principles of freedom of speech and the press require this lawsuit be dismissed.
Jump to full article » |