Parties: WILLIAM H. SORRELL, ATTORNEY GENERAL OF VERMONT, et al., Petitioners v. IMS HEALTH INC. et al.
Date: 2011-06-23
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Paragraph: 33 - report is "speech"). Facts, after all, are the beginning point for much of the speech that is most essential to advance human knowledge and to conduct human affairs. There is thus a strong argument that prescriber-identifying information is speech for First Amendmentpurposes.
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Phrase match: report is "speech"). Facts, after all
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Paragraph: 2 - Speech in aid of pharmaceutical marketing, however, is a form of expression protected by the Free Speech Clause of the First Amendment.
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Paragraph: 57 - When it enacted § 4631(d), the Vermont Legislature found that the N126* "marketplace for ideas on medicine safety and effectiveness is frequently one-sided in that brand-name companies invest in expensive pharmaceutical marketing campaigns to doctors." 2007 Vt. Laws No. 80, § 1(4). N127* "The goals of marketing programs," the legislature said, "are often in conflict with the goals of the state." § 1(3). The text of § 4631(d), associated legislative findings, and the record developed in the District Court establish that Vermont enacted its law for this end. The State has burdened a form of protected expression that it found too persuasive. At the same time, the State has left unburdened those speakers whose messages are in accord with its own views. This the State cannot do.
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