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Samia - Chapter 9 > Samia - Chapter 9 > Flashcards

Samia - Chapter 9 Flashcards

1
Q

What does “unconstitutional conditions” mean?

A

Government can’t punish those who convey disfavored ideas by denying them benefits (342).

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2
Q

What happened in Rust v. Sullivan (1991)?

A

Courts upheld gag-rule that forbids clinics receiving federal family planning funds from counseling or referring women for abortion and from encouraging, promoting, or advocating abortion (342).

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3
Q

What happened in “Forum for Academic and Institutional Rights, Inc.” (2006)?

A

The court unanimously upheld the Solomon Amendment, which requires universities, as a condition of federal funding, to grant access to military recruiters, in violation of university policy that prospective employers mustn’t discriminate on the basis of sexual orientation (343).

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4
Q

What are the three major government concerns regarding regulation of commercial speech?

A
  1. Ads that increase hazardous products and services (e.g. smoking, drinking, gambling, guns)
  2. Marketing age-restricted products to kids/teens
  3. Industry health claims that mislead the public
    (345)
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5
Q

What are the three attributes of commercial speech?

A
  1. Identifies a specific product
  2. A form of advertising
  3. Confers economic benefits
    (345)
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6
Q

What happened in Bolger v. Youngs Drug Products Corp (1983)?

A

Court found that info pamphlets with titles like “Plain Talk about Venereal Disease” and “Condoms and Human Sexuality” were “Commercial” because they were ads, referred to a specific product, and had an economic motivation (345).

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7
Q

What happened in Central Hudson Gas v. Public Service Commission (1980)?

A

Create a 4 part test for commercial speech. The courts review commercial speech as a standard of intermediate scrutiny with a burden of justification (349).

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8
Q

What are the four parts of the Central Hudson Test?

A
  1. Is the activity lawful? And, the speech false, deceptive, or misleading?
  2. Is the government’s interest substantial?
  3. Does the regulation of commercial speech directly advance the state interest?
  4. Is the regulation no more extensive than necessary to serve the state’s interest?
    (349)
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9
Q

What happened in Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)?

A

Supreme court help that a law prohibiting gambling casinos from advertising to residents of Puerto Rico was constitutional. (352)

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10
Q

What happened in Rubin v. Coors Brewing Company (1995)?

A

Court unanimously invalidated a federal statute that prohibited beer labels from displaying alcohol content. The act was necessary to prevent “strength wars” among brewers who would compete in the marketplace. (353)

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11
Q

What happened in 44 Liquormart, Inc. v. Rhode Island (1996)?

A

Court became even more insistent that government affirmatively demonstrate a relationship between means and ends. RI prohibited advertising price of drinks except inside liquor stores. (353)

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12
Q

What happened in Greater New Orleans Broadcasting Association v. United States (1999)?

A

Court said it was reasonable to assume that advertising would channel consumers to different venue or brand (354).

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13
Q

What happened in Board of Trustees of the State of University of NY v. Fox (1989)?

A

Court held that the 4th central hudson criterion didn’t require government to use the least restrictive alternative.

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14
Q

What happened in Lorillard Tobacco Co. v. Reilly (2001)?

A

AG didn’t carefully calculate costs/benefits associated with the burden on speech imposed by regulation. Court was troubled by the outdoor advertising rule prohibiting product advertising within 1000 ft of a school saying that it could include 87-91% of major cities. Requiring products not be placed lower than 1000 ft of a school violated ¾ central hudson. Regulation didn’t advance state goal. (355)

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15
Q

What happened in Thompson v. Western States Medical Center?

A

Court found that a federal law which exempted “compounded drugs” from FDA approval, so long as providers didn’t advertise the product, amounted to an unconstitutional restriction on commercial speech (355)

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16
Q

What are some of the government requirements for compelled speech?

A
  1. Requires businesses to label their products by specifying the content or ingredients, the potential adverse effects, and the hazards
  2. Right to know for consumers, workers, and the public
  3. Mandates counter advertising, where media or industry must provide health education as a counterbalance to advertisements of hazardous products. (362)
17
Q

What are the two rationales for affording 1st amendment protection to compelled speech?

A
  1. To compel a person to enunciate a view that isn’t believed violates freedom of conscience or belief.
  2. May deter the speaker from expressing their own views. (362)
18
Q

What happened in United States v. United Foods, Inc (2001)?

A

Court made clear that it’s compelled speech doctrine applies to commercial speech. Court held that a federal statute requiring mushroom producers and importers is coerced speech.

19
Q

What happened in the 2nd circuit of court of appeals for a Vermont Law?

A

The court upheld law requiring labeling of mercury-containing lightbulbs, stressing that mandated disclosure of accurate, factual, commercial information doesn’t offend the core 1st amendment values. (363)

20
Q

What happened in International Dairy Foods Association v. Amestoy (1996)?

A

Dairy manufacturers challenged a VT law requiring labeling of products from cows treated with a synthetic growth hormone that increases milk production. VT defended the regulation, not on basis of safety but for strong consumer interest and public’s right to know. 2nd circuit of appeals held that consumer curiosity alone wasn’t strong enough state interest to sustain the compulsion of even an accurate, factual statement (364).

21
Q

What two ways is the Supreme court most likely to view regarding commercial compelled speech?

A
  1. Court likely to permit government to compel disclosures of accurate, non deceptive information, particularly if state justifications rely on a recognizable harm to health, safety, or a fair consumer/business bargaining process.
  2. Court will more carefully scrutinize compelled commercial speech that fits within rationale already articulated for political and ideological speech. (364)
22
Q

What are the two competing theories in health communication?

A
  • Free marketplace of ideas

- Consumer Protection (334)

23
Q

What is the role of government in promoting healthy lifestyles through regulation?

A
  • Protect the public
  • Risky behavior costs money and loss of lives
  • Gov. is the only voice that opposes commercial interests (Slides)
24
Q

What diseases or conditions is the gov. interested for changing behavior?

A

Interested in any that contributes to disease

  • Communicable diseases
  • Chronic diseases
  • Health maintenance activities (diet/exercise)
  • Legal activities
  • Illegal activities
25
Q

What are some gov. actions regarding money to control behavior on state, private, and individual levels?

A

State Level - Condition spending
Private - Unconstitutional Conditions doctrine
Individual - Fines, tax disincentives, tickets, etc. (slides)

26
Q

What are the justifications and problems with prescription drug ads?

A

Justification - educate consumers to make them better partners in healthcare, early detection of disease
Problems - increased costs for promotion, medicalize common conditions, increases demand, people believe medicine makes things better (slides)

27
Q

What are some FDA requirements regarding Drug ads regulations?

A

FDA in 1962, promotional ads must include:

  • A brief summary of risks/benefits
  • A way to find out more about the drug
  • All claims must be supported by scientific evidence
  • Can’t be false or misleading
  • Can’t omit material facts
  • FDA reviews ads before circulation and sends letters to violators to withdraw or edit ads (slides)
28
Q

What are some tips to be successful in Law & Public Health class?

A
  • Always be present and attentive in class
  • Read the chapters beforehand and if you have a hard time understanding, read the chapter again
  • Highlight any cases found in the chapter
  • Keep an outline of chapters with case facts, holdings, and - Public Health impact (sort them by category, e.g. cases on privacy)
  • Watch Zita’s law overview mini lectures beforehand
  • Sit in the front and pull out the notes taken from the readings
  • Use the mid-term and final review sessions as a guide for studying important topics and cases
  • Use flashcards or Brainscape for online flash cards
  • Create a small reliable study group for support and always ask questions in class
  • Relate the material to real life situations to stay engaged and to help with memorization of key concepts. Don’t forget to enjoy class!! :-)

Samia - Chapter 9 (1 decks)

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