FDA Censorship Shouldn’t Survive Court Scrutiny in “Off-label” Speech Case

FDA likely wins the award as the #1 speech regulator within the federal government.  It routinely censors speech by drug companies and others without regard to whether the speech is truthful.  Yet despite having lost several significant First Amendment lawsuits, FDA has been surprisingly effective in avoiding major constitutional challenges to its censorship policies.  FDA’s ability to avoid such challenges may have come to an end thanks to a criminal appeal pending in the U.S. Court of Appeals for the Second Circuit, U.S. v. Caronia.  WLF recently filed an amicus curiae brief in the appeals court in support of the defendant. Continue reading “FDA Censorship Shouldn’t Survive Court Scrutiny in “Off-label” Speech Case”