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Q&A on the FDA Request for Comment on First Amendment and Commercial Speech Issues What is the FDA's Request for Comment? What should I say in my comments? How should I present my comments? What is the existing law with regard to commercial speech? Why shouldn't commercial speech have strong constitutional protections? Relevant FDA Notices and Related Material Relevant FDA Notices and Related Material Suggestions for Submitting Comments On corporate constitutional rights and commercial speech On Direct-to-Consumer pharmaceutical advertising Background Infromation Corporate Constitutional Rights and Commercial Speech |
Information on Commercial Speech Rights A look at recent developments in the commercial speech doctrine, and brief explanation of the FDA's request for comment. "First
Amendment Follies: Expanding Corporate Speech Rights," Robert
Weissman, Multinational Monitor, May 1998 Thompson v. Western States Medical Center pdf version A key recent decision issued by the U.S. Supreme Court, and one of the prompts for the FDA's request for comment. Central Hudson Gas and Elec. Co. v. Public Service Commission of New York The Supreme Court decision which provides the current framework for analyzing commercial speech cases. In a recent decision, the California Supreme Court moved in the opposite direction from federal rulings on commercial speech. With Nike disputing claims about working conditions in factories making its products, the California Supreme Court held that these should be judged under commercial -- rather than political -- speech standards, and that the company could therefore be sued for making false and misleading claims. For more on this decision, see also: Josh Richman, "Greenwashing on Trial," Mother Jones, February 2002 Jeff Milchen, "Demeaning
Our Constitution with "Corporate Personhood," |
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