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by HWR_14 1307 days ago
You mean, because they were merely negligently misleading instead of intentionally misleading? Yes, it's seems to not be under the current definition of fraud. I thought we were discussing a counterfactual that the OP suggested where negligent endorsements were actionable under a law similar to fraud.

Fraud was used by me as an example of the 1st amendment being okay with certain commercial speech being actionable.