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

22 Pages Posted: 15 Jul 2011  

Joanna Sax

California Western School of Law

Date Written: July 13, 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.

Keywords: Commercial Speech, First Amendment, Scientific Integrity

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: https://ssrn.com/abstract=1885786

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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