First Amendment. Commercial Speech. Fifth Circuit Upholds a Federal Ban on Casino Advertising. Greater New Orleans Broadcasting Ass'n v. United States, 149 F.3d 334 (5th Cir. 1998), Cert. Granted, 67 U. S. L. W. 3191 (U. S. Jan. 15, 1999) (No. 98-387)

1999 ◽  
Vol 112 (5) ◽  
pp. 1112 ◽  
Keyword(s):  
United States ◽  
New Orleans ◽  
First Amendment ◽  
Commercial Speech

Defining Commercial Speech in the Context of Food Marketing

2015 ◽  
Vol 43 (S1) ◽  
pp. 40-43 ◽  
Author(s):  
Jennifer L. Pomeranz ◽  
Sabrina Adler
Keyword(s):  
Public Health ◽  
United States ◽  
First Amendment ◽  
Health Problem ◽  
Public Health Problem ◽  
The United States ◽  
Food Marketing ◽  
Policy Strategy ◽  
Commercial Speech ◽  
Poor Nutrition

Obesity is a public health problem in the United States. Experts have identified the regulation of food marketing as a policy strategy to address obesity and poor nutrition. However, the First Amendment can be a barrier to reducing exposure to problematic food marketing. In recent years, courts have become increasingly protective of speech, and particularly of “commercial speech,” or advertising, which can make it more difficult to regulate certain marketing practices.

Prospects for Enforcing Prohibitions on Off-Label Drug Promotion after United States v. Caronia: An Analysis of Litigated Cases

2021 ◽  
Author(s):  
Sheng Liu ◽  
Michelle M. Mello ◽  
Aaron S. Kesselheim
Keyword(s):  
United States ◽  
First Amendment ◽  
Study Cohort ◽  
Circuit Court ◽  
Off Label ◽  
Commercial Speech ◽  
Pharmaceutical Manufacturers ◽  
Drug Promotion ◽  
Federal Circuit ◽  
Case Outcome

Abstract Context: Food and Drug Administration (FDA) rules restrict pharmaceutical manufacturers from promoting drugs for non-FDA-approved (off-label) indications. When manufacturers violate this rule, it has in many cases led to unsafe prescribing. However, in 2012, a federal circuit court ruled in United States v. Caronia that truthful off-label promotion was protected under the First Amendment, threatening government enforcement in this area. Methods: The authors extracted cases from the WestLawNext database that mentioned Caronia from 2012 to 2019. They collected information about plaintiff, procedural history, product and manufacturer involved, and case outcome. Cases were categorized as either “follows,” “does not follow,” or “distinguishes” from Caronia. The authors qualitatively reviewed the full text of each case to verify whether Caronia was given substantive discussion for perceptions of off-label promotion, application of commercial speech rights, and how courts interpreted Caronia. Findings: Among 42 cases in the study cohort, 22 (52%) followed Caronia's core holding that truthful, non-misleading off-label promotion was not actionable under FDA rules. By contrast, 20 cases (48%) treated Caronia negatively, either declining to follow (9 cases) or distinguishing it (11 cases). Conclusions: Enforcement on off-label marketing became more challenging after Caronia. This gives manufacturers greater flexibility to promote drugs for unapproved uses despite the substantial public health risks.

Dissent in the Atlantic World, 1787–1830

2018 ◽  
Author(s):  
Katherine Carté Engel
Keyword(s):  
United States ◽  
African Americans ◽  
First Amendment ◽  
Church And State ◽  
State Level ◽  
The United States ◽  
American Population ◽  
Simple Fact ◽  
General Role

The very term ‘Dissenter’ became problematic in the United States, following the passing of the First Amendment. The formal separation of Church and state embodied in the First Amendment was followed by the ending of state-level tax support for churches. None of the states established after 1792 had formal religious establishments. Baptists, Congregationalists, Presbyterians, and Methodists accounted for the majority of the American population both at the beginning and end of this period, but this simple fact masks an important compositional shift. While the denominations of Old Dissent declined relatively, Methodism grew quickly, representing a third of the population by 1850. Dissenters thus faced several different challenges. Primary among these were how to understand the idea of ‘denomination’ and also the more general role of institutional religion in a post-establishment society. Concerns about missions, and the positions of women and African Americans are best understood within this context.

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