In Braun v. Soldier of Fortune Magazine, Inc., the Eleventh Circuit affirmed a district court's holding that the First Amendment does not insulate a magazine publisher from liability for publishing a commercial advertisement that presents a substantial danger of harm to the public. In adopting this affirmative duty to examine an advertisement's language, the court imposed tort liability on Soldier of Fortune Magazine ("SOF") for the criminal acts of its advertiser, a third party not joined in the suit. This decision strikes the correct balance between preserving the free flow of commercial information through advertisement with the need to prevent publication of those advertisements that subject the public to deadly harm.
Babb, Mae Charles
"Braun v. Soldier of Fortune Magazine, Inc.: Advertisement for Hit Man Brings Four Million Dollar Hit to Publisher,"
Mercer Law Review: Vol. 44:
4, Article 15.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol44/iss4/15