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Full-Text Articles in First Amendment
The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler
The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler
Fordham Law Review
Federal and state administrative agencies increasingly advance public health goals through the use of mandatory disclosures, like warning labels on cigarettes, that are intended to both inform and influence consumer decisions. However, the standard for determining whether these requirements violate a commercial speaker’s First Amendment rights is unsettled. In Zauderer v. Office of Disciplinary Counsel, the U.S. Supreme Court adopted a test that defers to the government’s determination that the compelled disclosure of “factual and uncontroversial information” is justified. Since Zauderer was decided, lower courts have disagreed about the meaning of “uncontroversial.” A recent Supreme Court case, National Institute …
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fordham Urban Law Journal
No abstract provided.