Whistleblower Attorneys Blog
The First Amendment of the United States Constitution protects the freedom of speech. Not all forms of speech, however, receive total protection, such as yelling “fire” in a crowded theater if doing so is likely to cause injury. So-called “commercial speech” is a category of speech afforded partial, but not total, protection by the country’s courts. Regarding the First Amendment debate, the FDA faces a conflict: to balance the need for neutral and candid research within the medical community concerning off-label uses against the self interest of drug makers, who stand to profit if their drugs may be sold for more medical conditions. Continue reading ›