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American Meat May Whet Supreme Court Appetite

Law360, New York (May 15, 2014, 7:40 PM EDT) -- The First Amendment guarantees both “the right to speak freely and the right to refrain from speaking at all.”[1] Commercial speech has long been afforded lesser protection under the First Amendment,[2] though some recent U.S. Supreme Court decisions may signal that the commercial speech doctrine’s days are numbered. In the meantime, federal courts are divided over how First Amendment protections should apply to forced commercial speech — mandatory warnings, informational disclosures and other messaging imposed on private parties. The en banc D.C. Circuit will soon resolve...
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