So here's the common-sense jurisprudence question: should market-watching geese be subject to false advertising statutes? If their inane proclamations induce individuals to trade based on naught but empty bellows, shouldn't they bear some liability? Or is the soul of commercial regulation located only in the profit center? Does it matter whether or not commercial speech is made by a third party who does not stand to profit directly?
If it does matter, what does that say about citizen jurisprudence towards third party review sites like Yelp or Zillow or whatever?
The public (and the Supreme Court) have already decided that some forms of commercial speech are not protected by the First Amendment. If deception were the only issue, most financial journalists would be liable in tort. It appears that you need to combine deception and profit-seeking to run afoul of the popular sentiment. Curious.