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But to six Supreme Court Justices the Vermont law amounted to an unconstitutional restriction on speech: by restricting the information that pharmaceuticals sales reps could gather, it limited what they could say while marketing the drugs.
But the 5-to-4 decision today said that "the government simply has not provided sufficient justification here" for choosing a restriction on speech rather than other possible ways to restrict access to compounded drugs, which generally are not commercially available and which patients may receive only by a doctor's prescription.
Generally, any government restriction on speech must not make distinctions based on its content.
The Arizona law, she adds, can hardly be characterized as a restriction on speech.
Any such restriction on speech would, of course, be subject to further state and federal constitutional requirements".
Civil liberties advocates argue that the 1998 law, known as the Digital Millennium Copyright Act, or D.M.C.A., is an unconstitutional restriction on speech.
Similar(33)
This second principle is consistent with a long judicial tradition in which speech and expression may be restricted (e.g., restrictions on speech that incites imminent violence), but such restrictions should be limited and narrow.
Next, Popp claims that the 1st Amendment guarantees a right to be free from government restrictions on speech, not the right to speak when and where one prefers.
If there was one issue that predominated, it was what some see as severe restrictions on speech and thought.
There are many restrictions on speech and assembly in Cuba.
(a) Content-based restrictions on speech are "presumptively invalid" and subject to strict scrutiny.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com