Sorrell v. IMS Health Inc.
- Case Date: 7/13/2009
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 23, 2011, the U.S. Supreme Court strongly affirmed First Amendment rights by striking down a Vermont law that blocked access to critical healthcare information. The law criminalized the collection and disclosure of information about the prescribing practices of physicians, but only if the recipients of the information wanted to use it in ways frowned upon by Vermont. The decision was a victory for WLF, which filed a brief supporting those challenging the law. The Court agreed with WLF that the Vermont law violated the First Amendment because it was not viewpoint-neutral; Vermont regulated speech based on the speakerís point-of-view. WLF argued that such prohibitions are only rarely permissible and only then when based on showings of the most compelling of government needs. The Court ruled 6-3 that heightened First Amendment scrutiny applies whenever, as here, the government seeks to regulate speech because it disagrees with the truthful message being conveyed.
More Information and Downloads:
3/31/2011: Download the Brief
7/13/2009: Download the Brief
6/23/2008: Download the Brief
Litigation Update: Court Strikes Down Law Banning Speech On Drug Prescriptions
Litigation Update: Court Strikes Down Law Banning Speech on Drug Prescriptions