HOUSE BILL: Truth in Advertising for Medicine Act (Tabled)
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  HOUSE BILL: Truth in Advertising for Medicine Act (Tabled)
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Author Topic: HOUSE BILL: Truth in Advertising for Medicine Act (Tabled)  (Read 1929 times)
wxtransit
Junior Chimp
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« Reply #25 on: April 08, 2018, 12:18:01 PM »

I still see 1st amdt issues with this bill. We essentially have the sponsor on record admitting that this is an attempt to regulate a certain type of lawful speech out of existence. Constitutionally that is very problematic, as is this proposed bill. And if passed, the bill will likely be struck down by federal courts. See the following cases:

https://en.m.wikipedia.org/wiki/Virginia_State_Pharmacy_Board_v._Virginia_Citizens_Consumer_Council

https://www.oyez.org/cases/2001/01-344

https://en.m.wikipedia.org/wiki/Sorrell_v._IMS_Health_Inc

https://en.m.wikipedia.org/wiki/Pacific_Gas_%26_Electric_Co._v._Public_Utilities_Commission

https://en.m.wikipedia.org/wiki/Board_of_Trustees_of_State_University_of_New_York_v._Fox

https://www.leagle.com/decision/infco20120824144

Well, this isn't a courtroom Tongue

What would you propose, then, should be changed?

All of it.  Wink + Tongue

These types of medicine require doctor approval, the warnings are attached to the medicine when given, and usually the voice over presents the warnings in a commercial (admittedly with small accompanying text although thats basically required given the volume of information to present in the brief time limits of tv commercials). Plus the warnings are available online.

Usually compelled speech in a manner such as this is to ensure that information is available. Since warning information is already available at the doctor, attached to the product, in commercials already, and online, I would argue the purpose of this reg compelling speech is not to make otherwise unavailable information available but rather to burden and discourage the particular type of speech.

That probably means any reg needs to be the least restrictive means, and even allowing the voice over, I would argue the reg is not the least restrictive means of achieving the desired information disclosure.

Muh free speech!!! Angry

Alright, I'll motion to table, given the following concerns that I agree with.
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Southern Senator North Carolina Yankee
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« Reply #26 on: April 11, 2018, 01:23:10 AM »

Is there a sufficient second?
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Oakvale
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« Reply #27 on: April 11, 2018, 03:44:07 AM »

I second.
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Bidenworth2020
politicalmasta73
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« Reply #28 on: April 11, 2018, 03:19:39 PM »

I third.
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Southern Senator North Carolina Yankee
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« Reply #29 on: April 14, 2018, 06:03:12 PM »

A Vote to table this bill is now opened, Representatives please vote Aye, Nay or Abstain. THIS IS A 48 HOUR VOTE!!!!


And yes, I purposely waited until "How Was this Missed Resolution" was passed. Tongue
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Southern Senator North Carolina Yankee
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« Reply #30 on: April 14, 2018, 06:03:52 PM »

AYE
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wxtransit
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« Reply #31 on: April 14, 2018, 06:06:59 PM »

A Vote to table this bill is now opened, Representatives please vote Aye, Nay or Abstain. THIS IS A 48 HOUR VOTE!!!!


And yes, I purposely waited until "How Was this Missed Resolution" was passed. Tongue

Lol.

My vote is Aye.
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Bidenworth2020
politicalmasta73
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« Reply #32 on: April 14, 2018, 08:48:27 PM »

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GM Team Member and Senator WB
weatherboy1102
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« Reply #33 on: April 14, 2018, 10:12:19 PM »

Aye.
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RFayette
Junior Chimp
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« Reply #34 on: April 15, 2018, 01:13:32 AM »

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Southern Senator North Carolina Yankee
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« Reply #35 on: April 16, 2018, 01:25:49 AM »

You have go to be kidding me!

Peebs, Oakvale, Jake and RC have just 24 hours left to vote here.
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Leinad
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« Reply #36 on: April 16, 2018, 03:52:31 AM »

Aye

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President of the civil service full of trans activists
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« Reply #37 on: April 16, 2018, 06:40:24 AM »

Aye
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Southern Senator North Carolina Yankee
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« Reply #38 on: April 17, 2018, 04:02:57 AM »

Vote on Motion to Table:

Aye (7): Leinad, NC Yankee, Peebs, PoliticalMasta, Rfayette, weatherboy and Wxtransit
Nay (0):
Abstain (0):

Didn't Vote (2): ReaganClinton and theGovanahJake

This bill has been tabled
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