MMC 4200 Study Guide - Midterm Guide: The New York Times, U.S. Consumer Product Safety Commission, Prior Restraint
30 Oct 2014
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Basically established that paid political speech enjoys constitutional protection. Board of pharmacy v. virginia citizens consumer council. (p. 329-330: virginia citizens consumer council thought it was a violation of their first. Amendment rights to ban advertising on the prices of prescription drugs. Particularly the elderly and infirm thought it was violating their first. They thought aggressive price competition would harm consumers because pharmacists would have less time to compound and dispense drugs: supreme court struck down the statute prohibiting price advertising of prescription drugs. Said it is in the consumer"s best interest to receive a free flow of commercial information about drug prices. What test does a judge use in determining whether a regulation of advertising is an unconstitutional regulation because it violates the first amendment? (p. 332: four-part test. Court must determine whether speech is commercial expression eligible for first amendment protection. Court must find that the regulation directly advances governmental interest asserted.
