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Beyond that, other media companies worry that any favorable rulings for the plaintiffs could spur additional class action suits against book publishers, magazine publishers and broadcasters. In fact, attorneys representing the plaintiffs in both cases have other class action suits pending against Penguin Putnam and Simon & Schuster based on false statements on the cover of \"McNally\'s Dilemma.\" Plaintiffs in these suits also allege that the cover of the book is commercial speech that must conform to false advertising statutes.
In both cases, the plaintiffs claimed that Buena Vista is attempting to use the First Amendment to shield itself from liability for its false claims. \"The publisher stands for anything on the cover,\" explained Russel Harrison Beatie Jr. a partner with Beatie & Osborn who represented the plaintiffs in the New York case. \"It is a sales mechanism and should be treated like any other product.\"