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25 Sep 2014, 5:43 am
United States, 403 U.S. 713, 714, 2141 (1971), comes that principle that “[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity. [read post]
” [27] The magazine’s use of Hoffman’s image was not commercial speech due to the fact that “[a]ny commercial aspects are inextricably intertwined with expressive elements, and so they cannot be separated out from the fully protected whole. [read post]
18 Sep 2014, 11:17 am
  PhRMA makes the same argument accepted in Caronia, and that readers have seen on this blog for years – the First Amendment does not permit the criminalizing (here through the FCA) of truthful off-label promotion:These constitutional concerns are well-founded: “Speech in aid of pharmaceutical marketing . . . is a form of expression protected by the Free Speech Clause of the First Amendment. [read post]
18 Sep 2014, 5:34 am by Danielle & Andy
 The Princess Diana Collection website reported that the collection raised over two million dollars (U.S.) for charities as of 2011. [read post]
16 Sep 2014, 6:51 am
A source whom I trust, though, reports that, in the “direct vote of the RCA membership,” of the 1000+ RCA members, only 90 voted for the resolution, 62 voted against, and the other 850+ did not vote. [read post]
15 Sep 2014, 3:07 am
The ruling concerned the notion of parody under Article 5(3)(k) of the InfoSoc Directive and stressed the need to "strike a fair balance" between copyright protection and freedom of expression. [read post]
14 Sep 2014, 8:34 pm by Cindy Cohn
Only then will the U.S. fulfill its obligations under international law. ----------------- 1 See UN Human Rights Committee, General Comment no. 34 on freedoms of opinion and expression (Article 19 ICCPR), available at: http://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf. [read post]
12 Sep 2014, 1:24 pm
And any contention to the contrary is belied by the abundantly clear expressions in the most recent regulations and policy instructions. [read post]
10 Sep 2014, 6:36 pm
“Target group: U.S. policy makers,” a progress report reads. [read post]
10 Sep 2014, 9:00 am by Maureen Johnston
Lazaroff 13-1517Issue: Whether an aggregate prison term imposed on a juvenile for non-homicide offenses that does not permit release before 100 years of age constitutes a sentence of life without parole as prohibited by the Eighth Amendment to the U.S. [read post]
10 Sep 2014, 8:35 am
Developing countries were now competing with one another to attract foreign direct investment funds, as they had been forced to borrow heavily on international capital markets in the aftermath of the 1979 oil-price crisis induced by OPEC. [read post]