1. Dissemination of Information Why is Labeling so Important? How is Drug Labeling Different from Other Consumer Product Labeling? How is Rx Labeling Different from OTC Labeling? Why is Drug Advertising Different from Other Consumer Product Advertising?

2. Legal Regulation of Speech

3. Personal and political speech Ideas can be stupid, wrong, and dangerous Deadly diets and self-help books Violent movies

4. Legal Remedies No prior restraint Usually cannot prevent publication Can sue afterwards if the speech is actionable

5. Defamation Exceptions for public figures Opinions are protected Truth is a defense

6. Intentional interference with a business relationship Like defamation but of a business Can be easier to prove than defamation because truth is not a defense Product disparagement laws are constitutionally suspect Oparh's comments about burgers Hollywood personalities comments about pesticides in apples

7. Invasion of Privacy Publishing sensitive personal information Truth is not a defense Key is usually that you violate the law in getting it, and that is an important part of the action

8. Copyright You cannot use other's words Some rights of fair use

9. Trade secrets Can be enjoined (prior restraint) Treated as taking another's property, not as speech Can be difficult to undo publication on the Internet

10. National security Cannot tell government secrets What if you develop a code that the government wants suppressed?

11. Commercial speech Speech in conjunction with selling products and services Traditionally Not Subject to 1st Amendment Protections New Jurisprudence Recognized Commercial Speech Protections in the 1970s

12. Regulation of Commercial Speech Much less protection More like action than speech Extensively regulated for Deceptive Key Question Can the Government Regulate or Ban Truthful Commercial Speech? Why Would the Government Want to?

13. Drug names Chemical name a long, descriptive name that allows a chemist to draw the structure of the molecule 7-chloro-1,3-dihydro- 1-methyl-5-phenyl-2H-1,4-benzodiazepin-2- one Established name a generic name for the chemical which anyone may use in lieu of the chemical name, i.e., a name that is not a trademark diazepam Trade name the trademarked name of that a specific manufacturer uses to sell a drug, which can only be used by the manufacturer or with its permission. For example, the patent has long expired on Valium and it is sold as a generic, but only the owner of the trade name can call it Valium.