FDA marketing v. First Amendment: Washington Legal Foundation legal challenges to off-label policies may force unprecedented changes at FDA.
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Civil Rights↗
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Case not closed--issues of police authority, municipal smoking bans, and first amendment rights.
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Civil Rights↗
WLF and the two-click rule: the First Amendment inequity of the Food and Drug Administration's regulation of off-label drug use information on the Internet.
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Drug Labeling↗
Constitutional protection of scientific and educational activities from tort liability: the first amendment as a defense to personal injury litigation.
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Civil Rights↗
First Amendment: contractor physician's speech is protected.
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Contracts↗
Critic of operation of public facility protected by First Amendment. Springer v. Henry.
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Delaware↗
Informed consent: does the First Amendment protect a patient's right to choose alternative treatment?
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Complementary Therapies↗
Animal experimentation and the First Amendment.
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Animal Experimentation↗
First amendment. Government officials denied immunity in retaliation case.
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Housing↗
The Senate, obscenity, and the First Amendment.
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Civil Rights↗
From the Office of the General Counsel. Tobacco advertising and the first amendment.
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Advertising↗
Abortion counseling and the First Amendment: open questions after Webster.
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Abortion, Legal↗
Webster, vagueness and the First Amendment.
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Abortion, Legal↗
The legal story. The first amendment: interpretations.
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Advertising↗
The antitrust implications of boycotts by health care professionals: professional standards, professional ethics and the first amendment.
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American Medical Association↗
The first amendment at the hospital door.
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Civil Rights↗
The first amendment at the hospital door--addendum.
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Civil Rights↗
Planned Parenthood Federation of America v. Bowen, 25 February 1988.
The plaintiffs were family planning (FP) services and physicians who sought a preliminary injunction against enforcement of regulations promulgated by the Secretary of Health and Human Services of the US. The regulations prohibited counseling and referral for abortion services by FP services that receive funds under Title X of the Public Health Services Act. The Court held that the regulations exceeded the Secretary's authority, since nothing in Title X or legislative history relating to its enactment indicated that Congress intended to prohibit FP services from offering information with respect to abortions. The Court also ruled that the regulations violated a woman's Fifth Amendment liberty interest in choosing to have an abortion, her First Amendment right to receive necessary information to exercise her liberty interest, and a physician's First Amendment right to disseminate necessary information to patients. The Court granted the request for a preliminary injunction. On 15 June 1988, the same court granted the plaintiffs' request for a permanent injunction against enforcement of the regulations. On 3 March 1988, the US District Court, D. Massachusetts, also enjoined enforcement of the regulations (Commonwealth of Massachusetts vs. Bowen [679 F.Supp. 137]). On 30 June 1988, however, the US District Court, S.D. New York, rejected a challenge to the regulations, ruling that the Secretary did not exceed his authority and that the regulations were not unconstitutional (State of New York vs. Bowen [690 F.Supp. 1261]).
Abortion, Induced↗