two part or two different tests that can be applied one pure commercial speech passed into this broader speech dealing with the economic interest of the speaker and reader in the case that recently came down from this court economic interests of the speaker and his audience and there's no more than propose a commercial transaction now i understand i'm not describing this book but i'm describing something that might help me understand your position in this case when somebody publishes a book that is filled with iranians information about phrasing ample how to do this or how to do that maybe it's running its information it's got false advertising intervention on is the government powerless to prevent  all the roman empire but the second half is false advertising and everybody you know you buy the magazine for the pictures you buy the book for the second half so it's not fair false advertising but there's a lot of false advertising  well then we may fall in a situation is the court looking at the book to determine whether it's inexplicably intertwining right if you have a complete book on the front end and then you have nothing but an ad ads all the way at the end then you may have an issue with that that station but what happens if the magazine like most magazines in the united states has a lot of ads and also a lot of articles and stories interviews in there as well so we get to a point where the government is now parsing out each ad saying well this page is this in the this magazine contains this percentage of add this percentage of political speech it's too burdensome to try to do that's a commercial product he has he does put on seminars yes for money i think he does charge money on some and others are free for example it's depending on the definition goes on the radio and you can listen to him on the radio and charge is that the book can be read alone and you can refute it you can agree with some principles but most importantly it's going to make you think and most importantly the book contains the sources from which he comes up with his opinions and you can read those sources and you can read the constitution any cites in the case law that he cites and the opinions that i was one of the things that puzzles me about this case we're of course talking about the book as well we might because there is at the moment a book the injunction doesn't talk about this particular book it talks about not generically is that a problem i think parts of the job i think the judge is referring to this book because that's the only book that was brought into the ca injunctions and to the extent that you're saying that this actually start without giving some guidance we're concerned in other words is you know if the court is saying these other books are part of this plan but they've never been brought up in the case one is right today someone may decide differently later i mean maybe not in this context but the point is maybe it encourages change too i mean if the writers that encourage his opinions may be wrong but that's what's protected by our first amendment this book is not commercial speech because it does not merely propose a commercial transaction and yes in the book he says i cited by the government what you had was a face to face meetings they were the republican meetings they were telling people how to get things done right there and then this book clearly doesn't do that it's over two hundred pages you have to read it you have to digest it and there's not one shred of evidence that anybody at any time ever ran out immediately after reading this and start engaging in the last maybe shred of evidence that if they didn't run and if they didn't do it immediately they might nonetheless  encouraged people not to participate in the draft but he didn't he didn't have the effect of immediately saying don't do this stop this burger card do this right now how to do and the same is true here you're right somebody may choose to act a certain way after reading this book the back of the of any book you could read read the king james version of the bible and interpret that in certain ways and do things or you can read it decided by the district court in support of his position actually supports the complete opposite position and i ask you before you get to the time you want to hear how about the customer list i'll just say right out that seems to me the weakest part of the government's code seven far away provides for the injunction so it seems like it needn't be extra due jurisdictional from a court but it demands reduced list for what purpose doesn't articulate a purpose and that has a major chilling effect on the first amendment the government says well the this is not like an association but that's not really exactly correct people who like to read books that challenge the government are loosely connected we really what  all americans a sense of wanting to know other views maybe there's a truth lingering out there that we want to know who will ever subscribe to a book or buy a book from anyone if they know that they are going to be reported to relationship your argument as to why he shouldn't be able to sell the book is that well there's a lot of stuff in this book that's you know there's a you know this was opinions about the tax law that's ok you can do anything you want about that but it just happens to have that are instructions that are clearly wrong and clearly going to lead to people relying on it and that a lot of us ok so he can do it that's your argument and i understand it but now i'm a customer and i say well i'm buying this not because of the little tax forms things i'm buying it point is that the government does not say has not come up here in their briefing or orally instead here's the how to in this book because it's not in the book the book expresses his opinions and i think the most important thing when talking about the court is just goes by the way if you do this it's my opinion of how this should be but if you do it you're probably going to get fined a lot of money and you could go to jail i don't think so i think if you're arguing that the even if it were limited to the so called how to course and should fail because there is no such evidence i think there's a how it should be a book how like a pint it should be book but i don't think so again reference to this court's decision in the estate planning case is completely in the supply there you know there's the government just states you that they also dealt with political issues i didn't read that in the case so i'm not sure where that all those cases are not the same here this book is not exists solely for any other thing that mr chip may do there's no trust that specific trust or product is dollars yes he does do lectures on his opinions yes he has written other books