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Question
In Sorrell v. IMS Health Inc., the Supreme Court reviewed a state law prohibiting the sale of doctors prescription records (tracking consumer trends) to marketing and data-mining firms. The Court agreed that the regulation targeted economic activity and infringed on commercial speech. The majority applied strict scrutiny to strike down the regulation as an unconstitutional content-based and viewpoint-based regulation. Discuss the reasoning of the dissent to explain why this ruling is significant and how it changes the commercial speech doctrine.
Answer
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Related questions
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a. arbitrary mark
b. fanciful mark
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A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
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Punitive damages usually provide the most monetary award.
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To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
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A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.
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A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.
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The First Amendment stands as a nearly absolute ban to prior restraint.