Case Detail

IMS Health Inc. v. Ayotte
On June 28, 2009, the U.S. Supreme Court declined to review a federal appeals court ruling that upheld a New Hampshire law that blocks access to critical healthcare information. The law criminalizes the collection and disclosure of information about the prescribing practices of physicians. The one-sentence order declining review was a set-back for WLF, which filed a brief urging the Court to grant review. The U.S. Court of Appeals for the First Circuit upheld the law in a decision issued in November 2008. In urging the Supreme Court to review (and ultimately overturn) that decision, WLF argued that the New Hampshire law violates the First Amendment by prohibiting disclosures of truthful information, even disclosures arising outside the context of advertising. WLF argued that such prohibitions are only rarely permissible and only then when based on showings of the most compelling of government needs. A challenge to an identical Vermont law remains alive.
Case Status:
Review denied.
More Information and Downloads:
4/27/2009: Download the Brief
12/23/2008: Download the Brief
10/18/2007: Download the Brief
11/30/2006: Download the Brief

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