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The Framers and the Atkins Diet

Christy2 Judging by Howard Chandler Christy's depiction of the signing of the Constitution, the Founding Fathers were not followers of the low-carb Atkins Diet. So what would strict constructionists think of this week's federal court ruling finding protection for the diet in the First Amendment?

At Internet Cases, Evan D. Brown reports on the decision of the Southern District of New York in Gorran v. Atkins Nutritionals Inc. The case was brought by a man who had to undergo an angioplasty after two years on the diet, Brown relates. He sued Atkins Nutritionals, claiming that information on the Atkins Web site constituted negligent misrepresentation. Defendants moved for judgment on the pleadings and the court agreed. Brown explains:

"The court held that the content on the Atkins website that Gorran complained of could not be the source of any negligent misrepresentation, as it was fully protected by the First Amendment."

Gorran had argued that the site functioned as "an electronic store" and therefore contained commercial speech. But the court saw it otherwise, Brown writes:

"[T]he content that Gorran alleged was negligent misrepresentations was merely general advice pertaining to the diet. That content was non-commercial. Accordingly, the information was 'afforded full First Amendment protection,' and the claim was dismissed."

If only the founders were not so portly, they might be rolling in their graves.

Posted by Robert J. Ambrogi on December 14, 2006 at 05:26 PM | Permalink | Comments (3)

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