POSC402 Lecture Notes - Lecture 14: John Paul Stevens, William Rehnquist, Dominick Fernow
7 Oct 2018
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The food and drug administration modernization act of 1997 (fdama) exempts. The restrictions included that the prescription be unsolicited and that the providers not advertise or promote the compounding of any particular drug, class of drug, or type of drug. A group of licensed pharmacies that specialize in compounding drugs sought to enjoin enforcement of the advertising and solicitation provisions, arguing that they violate the first amendment"s free speech guarantee. Agreeing, the district court held that the provisions constituted unconstitutional restrictions on commercial speech. Appeals concluded that the government had not demonstrated that the restrictions would directly advance its interests or that alternatives less restrictive of speech were unavailable. Do the prohibitions in the food and drug administration modernization act of 1997 with regard to soliciting prescriptions for, and advertising, compounded drugs violate the. In a 5-4 opinion delivered by justice sandra day o"connor, the court held that the. Fdama"s provisions amounted to unconstitutional restrictions on commercial speech.
