Tag Archives: First Amendment

FDA Sanctions Off-Label Drug Promotion

Heightened constitutional protection of commercial speech in the health care arena has opened up opportunities for off-label promotion without threat of liability. The recent settlement between the FDA and Amarin Corporation is the most recent example of this trend.

July 19, 2016

The First Amendment And Pharmaceutical Promotion

A Symposium On Health Law. Traditionally, communication about medications has been granted a privileged status. The idea that unfettered “commercial free speech” would make it possible for prescribers to come up with equally useful determinations on their own is simply implausible.

March 11, 2016

The Curious Case Of The Docs Versus The Glocks: Firearms, The First Amendment, And Physician Speech

A Symposium On Health Law. On February 3, 2016 the full U.S. Court of Appeals for the 11th Circuit agreed to rehear the appeal in Wollschlaeger v. Florida, vacating a decision issued last December by a three-judge panel which had replaced two of its own prior opinions.

March 9, 2016

Supreme Court To Review Contraceptive Coverage Accommodation For Religious Groups

On November 6, 2015, the Supreme Court agreed to review the accommodation that the government has offered nonprofit religious organizations to excuse them from complying with a regulatory requirement that they provide contraceptive coverage without cost-sharing to their employees and students.

November 6, 2015

Implementing Health Reform: Federal Court Rules On March for Life v. Burwell (Updated)

A federal court recently decided on another case challenging the contraceptive mandate. Although there have been numerous challenges to the mandate, this case distinguishes itself in its premise and in the consequences it will bring if it is upheld. Also included is an update on Q&As stemming...

September 1, 2015