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http://ssrn.com/abstract=1885786
 
 

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Protecting Scientific Integrity: The Commercial Speech Doctrine Applied to Industry Publications


Joanna Sax


California Western School of Law

July 13, 2011

American Journal of Law and Medicine, Vol. 37, p. 203, 2011

Abstract:     
This Article analyzes the interaction of the commercial speech doctrine and the publication of misleading reports in the medical and scientific literature by private companies. This Article utilizes a novel approach in an attempt to maintain the integrity of science by ferreting out true science from misleading science. First, an examination of the publication tactics employed by some members of the pharmaceutical industry is described to demonstrate how some publications promote misleading information. Next, a discussion of current law is examined to show that no current regulations adequately address this area. This is followed by a proposal to regulate biased or misleading scientific publications. Finally, the First Amendment defense is considered. This Article concludes that industry publications are commercial speech and can be appropriately regulated.

Number of Pages in PDF File: 22

Keywords: Commercial Speech, First Amendment, Scientific Integrity

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Date posted: July 15, 2011  

Suggested Citation

Sax, Joanna, Protecting Scientific Integrity: The Commercial Speech Doctrine Applied to Industry Publications (July 13, 2011). American Journal of Law and Medicine, Vol. 37, p. 203, 2011. Available at SSRN: http://ssrn.com/abstract=1885786

Contact Information

Joanna Sax (Contact Author)
California Western School of Law ( email )
225 Cedar Street
San Diego, CA 92101
United States
619-515-1555 (Phone)
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