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."