8. Do FDA's speech-related regulations advance the public health concerns they are designed to address? Are there other alternative approaches that FDA could pursue to accomplish those objectives with fewer restrictions on speech?
Because coporations should not have any constitutional protections, and because commercial speech should not receive constitutional protection, the FDA should press as hard as possible against existing limitations in these areas. Overly broad commercial speech protections will inappropriately transform legislative or regulatory decisions about public health issues into constitutional issues. Justice Breyer made this dissenting arguement in Western States Medical Center.