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"What truthful speech will this statute chill?" she asked.
"It's not that it may necessarily chill any truthful speech," he said.
Prosecutions for truthful speech on matters of public interest are almost certainly barred by the First Amendment.
Under existing First Amendment jurisprudence, however, such potential for consumer confusion is insufficient to justify restrictions on truthful speech.
Mr. Verrilli said such laws might run afoul of the First Amendment because of their potential to chill truthful speech for fear of prosecution.
Moreover, our decisions establish that absent exceptional circumstances, reputational interests alone cannot justify the proscription of truthful speech. Butterworth v. Smith, 494 U.S. 624, 634 (1990).
Similar(40)
The 2nd Circuit viewed the Vermont law as an impermissible restriction upon "truthful" commercial speech that impacted the "marketplace of ideas" over medicine safety and effectiveness.
In a 2002 filing with the F.D.A., PhRMA argued that F.D.A. rules concerning the dissemination of "truthful, non-misleading speech about lawful products and activities" — like the off-label prescription of drugs — should be "scrutinized" through the "First Amendment lens".
At least one criterion for any kind of speech, truthful or not, ought to be: Is it kindly intended?
A mom's truthful (and viral) speech is reminding parents how vital teachers are for their kids.
The appellate court ruled 2 to 1 that as long as Mr. Caronia's speech was truthful and not misleading, it was protected by the First Amendment.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com