Please answer bus law questions A,B, C 6. Commercial Speech. Virginia Code Secti
ID: 331158 • Letter: P
Question
Please answer bus law questions A,B, C 6. Commercial Speech. Virginia Code Section 54-524.35 provided: "Any pharmacist shall be considered guilty of unprofessional conduct who (3) publishes rtises or promotes, directly or indirectly, in any manner whatsoever, any amount, price, fee, premium, discount, rebate or credit terms for professional services or for. any drugs which may be dispensed only by prescription." Due to the statute, many pharmacies even refused to give price quotes over the phone. Drug prices varied throughout the state but it was difficult for consumers to compare prices In 1968, a drug retailing company and a pharmacist challenged the statute. The statute was upheld by a trial court on the ground the dispensation of prescription drugs "affects the public health, safety and welfare." No appeal was made. In the present case, the lawsuit was filed by prescription drug consumers who claim they would greatly benefit if the prohibition was lifted. The plaintiffs included a Virginia resident who suffered from diseases that required her to take daily prescription drugs. The U.S. Supreme Court held a state could not limit the pharmacists' right to provide information about prescription drug prices. QUESTIONS: Justice Blackmun, writing for the majority, noted the right of consumers to receive information about a pharmaceutical product is just as important as the pharmacists' right to provide it. Make an argument which supports the notion a state's right to regulate commercial speech must be balanced against the free speech rights of citizens to receive commercial information. A. Justice Burger, in his concurrence, noted 95% of the prescriptions were filled with prepackaged doses prepared by the manufacturer, so the pharmacists' B.Explanation / Answer
This case is not only concerned with the commercial regulations but for the free flow of information. The right to free speech is should not be biased. It should be given to the both the sides as listener and speaker. The balanced speech should support either of the sides of the speech. The poor people or the elderly people are in need of the access of such information to make informed decisions about how to get their prescriptions filled inexpensively. This information for such people are more than a convince. The price advertisement in the free market economy is more important because it helps to free flow the information for the citizens to make private economic decision.