Q&A on the FDA Request for Comment on First Amendment and Commercial Speech Issues
Relevant FDA Notices and Related Material
Suggestions for Submitting Comments
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.
Amendment Follies: Expanding Corporate Speech Rights," Robert
Weissman, Multinational Monitor, May 1998
A key recent decision issued by the U.S. Supreme Court, and one of the prompts for the FDA's request for comment.
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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