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Full-Text Articles in Law
Speech Regulation And Tobacco Harm Reduction, Jonathan Adler, Jacob James Rich
Speech Regulation And Tobacco Harm Reduction, Jonathan Adler, Jacob James Rich
Faculty Publications
Regulation of commercial speech is a major component of federal regulation of tobacco products. Since adoption of federal tobacco legislation, the Food and Drug Administration has asserted regulatory authority over ENDS and other vaping products as “tobacco products,” subjecting them to the same regulatory regime as traditional tobacco products even though such projects appear to pose less of a threat to public health. Such regulation, and the restriction on truthful speech in particular, may be having negative consequences for public health. Barring producers from informing consumers about the relative risks of vaping products and their potential to reduce smoking eliminates …
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …