My colleagues Greg Beck and Brian Wolfman have blogged here several times about the fight over the FDA's graphic cigarette warnings, which were invalidated by the D.C. Circuit on First Amendment grounds. Other countries, however, are continuing to require graphic warnings. And now from Australia comes the fascinating news that the new graphic warnings there […]
Category Archives: Free Speech, Intellectual Property, & the Internet
by Deepak Gupta Whenever consumers use credit cards, merchants pay swipe fees, which are typically passed along to all consumers in the form of higher prices. American consumers pay the highest swipe fees in the world—eight times those paid by Europeans. These fees, which amount to about $50 billion annually, are highly regressive: low-income and minority cash […]
In the wake of the Supreme Court’s decision last year in Sorrell v. IMS Health, there’s been a lot of speculation about the extent to which previously accepted commercial speech regulation may now be subject to “heightened” or strict scrutiny under the First Amendment. Sensing an opportunity, lawyers who regularly represent consumer reporting agencies invoked […]