Notable Cases

Reed v. Town of Gilbert Portends a Positive Sign for First Amendment Arguments Regarding Off-Label Speech



At first blush, a case involving a pastor’s challenge to a local ordinance regulating the posting of directional signs might not appear to have much to do with the Food & Drug Administration’s regulation of off-label promotion of pharmaceutical products. But because this case involves the First Amendment, it does. The U.S. Supreme Court’s decision in Reed v. Town of Gilbert, Arizona, 135 S. Ct. 2218 (2015), significantly affects the regulation of truthful and non-misleading speech generally, in both commercial and non-commercial contexts.

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5 Things Considered: Do I Have a Breach of Contract Claim?

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