By marketing himself as a drug-free All-American hero, Roddy argued that Armstrong induced consumers into buying books they would not have purchased if they had known the truth about his cheating and doping. If they had known Armstrong’s story was a “fairy tale,” Roddy said, “nobody would have paid more than a penny” for the books.
The parties seem to agree that the lies within the the pages of the book are all protected speech and it is the marketing around the book that is the subject of the lawsuit. In essence, the plaintiffs argue that this is a truth in advertising claim whereas the defendants want the case to be measured under First Amendment right to free speech. USA Today