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Commercial speech (Four types of regulation (Central Hudson) (Central…
Commercial speech
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Sorrell v. IMS Health
Facts
Pharmacies sell data to companies who write reports and sell it to pharmaceutical companies to target marketing
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Holding
Content, speaker, and viewpoint based discrimination
Insufficient justifications: (1) protect medical privacy, (2) public health and health care costs
General rule: more often than not, commercial speech cannot be regulated
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What is "commercial"?
Bolger v. Youngs Drug
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Rule: Look at multiple factors: proposals to engage in commercial transactions, economic motivation, advertisements, reference to a specific product