From: Kevin S. Decker [deckerks@SLU.EDU]
Sent: Thursday, September 05, 2002 1:09 PM
To: fdadockets@oc.fda.gov
Subject: Comments on FDA authority
To Whom It May Concern: 
    As a concerned and involved citizen, I wanted to add my comments to those coming into your offices regarding the FDA's authority over commercial advertising of products under its jurisdiction, and its power to restrict this advertising. I understand that the request for comment arises from recent court decisions that expand constitutional protections for "commercial speech." 

    It seems to me the founders' intent in creating guarantees of free speech was primarily to balance the authority of the state against that of the public and civil society.  It is not clear that this applies to giving greater rights to corporations to claim "free speech" as part of their campaign contributions or claims made in favor of products which may be potentially dangerous.  Although the founders could not have predicted the status of legal personhood given to corporations later, it is clear to me that the abuses stemming from extending greater rights to these "pseudo-persons" will outweigh the benefits to a salubrious few at the corporate higher ranks. 

    The public is more of a "corporation" than any business corporation.  I urge you to protect its legal rights in terms of public health and full informational disclosure, for only if this basic obligation is carried out by the FDA can we say that the public is actually free to choose among corporate offerings in a free market. 

Kevin S. Decker 
4418 Taft Ave. 
St. Louis MO  63116-1536 
(314) 351-4427