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Graphic Images On Cigarette Packs Are Unconstitutional Compelled Speech, Judge Says

WASHINGTON, D.C. - (Mealey's) The Food and Drug Administration's proposed graphic warnings for cigarette packs violate the First Amendment bar against compelled speech, a District of Columbia federal judge ruled Feb. 29 in granting summary judgment in favor of five tobacco companies ( R.J. Reynolds...

Split 6th Circuit Says Graphic Cigarette Pack Warnings Are Constitutional

LOUISVILLE, Ky. - (Mealey's) Given that tobacco companies have learned to circumvent bans on marketing to minors, a divided Sixth Circuit U.S. Court of Appeals said March 19, the U.S. Food and Drug Administration's proposal for large, graphic warnings on packs pursuant to the 2009 Family Smoking...

U.S. Supreme Court Holds Secret Service Immune From 1st Amendment Claim

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court ruled June 4 that a Colorado man may not pursue his First Amendment claim against two Secret Service agents because they are entitled to qualified immunity ( Virgil D. "Gus" Reichle, Jr., et al. v. Steven Howards , No. 11-262, U.S. Sup...

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6/12/12), Michael Hoenig cautions that "the danger...

Texas Psychologist's Lawsuit Survives Motion To Dismiss

By William Perry Pendley DENVER - A Texas psychologist, who is also an attorney and is recognized nationally for her expertise and experience, on June 26 survived a motion to dismiss her lawsuit alleging that the State of Texas bars her unconstitutionally from accurately describing who she is and...

Nebraska Lawyer Seeks Class Certification And Injunction

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 12 filed additional pleadings in his lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments. Scott Lautenbaugh...

William A. Ruskin: First Amendment Bars Pharmaceutical Company Prosecution

By William A. Ruskin The Second Circuit [on Dec. 3] rendered its much-anticipated decision in United States v. Caronia [ enhanced version available to lexis.com subscribers ], the most important Food Drug and Cosmetics Act enforcement case pending in the country. Not only did the court's 2-1 holding...

Nebraska Lawyer's Lawsuit Against State Bar Association Will Go Forward

DENVER - A Nebraska federal district court on Feb. 4 refused to dismiss a lawsuit filed by a Nebraska attorney who sued the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under both the Constitution's First and 14th Amendments. The State Bar...

William A. Ruskin: New Draft FDA Guidance On Off-label Uses Raises Concerns

By William A. Ruskin | On March 3, 2014, FDA made available for comment a revised draft of its " Guidance for Industry: Distributing Scientific and Medical Publications on Unapproved New Uses--Recommended Practices ". The revised guidance seeks to clarify and expand upon FDA's 2009 draft...

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...

U.S. Supreme Court: Employee Speech Before Grand Jury Is Protected

WASHINGTON, D.C. — (Mealey’s) An employee’s testimony before a federal grand jury was protected under the First Amendment to the U.S. Constitution because he spoke as a citizen on a matter of public concern, not pursuant to his job responsibilities, a unanimous U.S. Supreme Court ruled...

High Court Considers Whether Conviction For Threats Requires An Intent Showing

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Dec. 1 heard oral arguments over whether a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker ( Anthony Douglas Elonis v. United States of America ,...