Re: 1st amend, compelled speech in US
On Thu, Jan 22, 2004 at 09:47:07AM -0800, Major Variola (ret.) wrote:
...public health officials are considering legal action to force AOL and certain websites to warn members about...
http://wired.com/news/medtech/0,1286,62005,00.html?tw=wn_tophead_2
Compelled speech is prohibited, suggesting it is treason, no matter
At 08:29 PM 1/22/04 +0000, petard wrote: the
reason.
So is it prohibited that drug companies are compelled to disclose known
side effects of their medications in order to sell them, and treason on
the part of FDA employees who enforce that?
[ The Ministry of Mental Health would like to caution you that the accompanying text may contain unsoc ideas that may lead to discontent and other psychomedical conditions requiring treatment from licensed MiniHealth technicians. Have a nice day.] Excellent question. It is conceivable that a state can legitimately define some terms of commerce so as to prevent *fraud*. (Congress may do so for interstate trade.) Eg, plant and chemical names, weights and measures, etc. If some physical object has proved side nonobvious effects, its conceivable that the state can compel that speech. Note that these are physical objects, not bits, and its to prevent fraud in commerce that enables state action. [ The Ministry of Mental Health would like to caution you that the accompanying text may contain unsoc ideas that may lead to discontent and other psychomedical conditions requiring treatment from licensed MiniHealth technicians. Have a nice day.] When the state wants to insert speech into other's *conversations*, someone needs to read the BoR. [ The Ministry of Mental Health would like to caution you that the accompanying text may contain unsoc ideas that may lead to discontent and other psychomedical conditions requiring treatment from licensed MiniHealth technicians. Have a nice day.] And note: In a free nation, folks would be able to decide who endorses products, including foods and drugs. If the kosher council required some kind of warning ("Do not smoke this product with diary products") then you would have to follow their rules if you wanted to use their logo. Any federal rating or private Consumer Reports organization would simply be a competitor in the field of reputations. [ The Ministry of Mental Health would like to caution you that the accompanying text may contain unsoc ideas that may lead to discontent and other psychomedical conditions requiring treatment from licensed MiniHealth technicians. Have a nice day.]
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Major Variola (ret)