corporate speech

‘Brandishing the First Amendment’ author Tamara Piety talks commercial speech with Alternet

by Shaun Manning July 18, 2012

Tamara Piety, author of Brandishing the First Amendment: Commercial Expression in America, spoke with Alternet’s Steven Rosenfeld about the expansion of the Commercial Speech Doctrine post-Citizens United, exploring the consequences beyond the much-talked-about impact on electoral politics. Piety said that several recent court decisions, notably the 2003 Nike case and culminating with Citizens United, have made it “incredibly more difficult” to regulate commerce. “The whole Federal Trade Commission is premised on the ability to regulate a good deal of speech that is, at least, at present, of questionable constitutional foundation given the recent decisions,” she told Alternet. “What happened in Citizens […]

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Tamara Piety Discusses Implications of First Amendment on Pharmaceutical “Speech”

by Shaun Manning November 23, 2011

Tamara Piety, author of the forthcoming University of Michigan Press title Brandishing the First Amendment: Commercial Expression in America, recently spoke with the Pharmalot blog on the implications of expanding First Amendment protections to corporate marketing speech, specifically as it relates to the pharmaceutical industry. At the heart of the discussion is a Supreme Court decision striking down a Vermont law that restricted data mining–in this case, records of which doctors prescribe which medicines–for marketing purposes. Piety explained that “the data mining and pharmaceutical companies argued that Vermont’s singling out of marketing for different treatment than say, research or law […]

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