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# Attorneys Caution Hill, FDA on Speech Restraint
- URL: https://www.fdaweb.com/attorneys-caution-hill-fda-on-speech-restraint/
- Published: 2017-06-27T12:00:00.000Z
- Updated: 2026-09-14T22:31:43.000Z
- Author: David McFarland
- Tags: FDA Policy/General, #legacy-id-D5139040

Attorneys **Bert Rein** and **Megan Brown** (Wiley Rein) say that government legislators and regulators should “think long and hard before using any speech restraint or compelled disclosure to pursue their consumption preferences or policy goals.” [Writing](http://www.wlf.org/upload/legalstudies/legalopinionletter/061617LOL%5FRein.pdf?ref=fdaweb.com) in a Washington Legal Foundation *Legal Opinion Letter*, the two say that while the commercial speech doctrine remains in flux and somewhat unsettled, the direction of its development points to increasing constitutional sensitivity about the value of commercial speech to sellers and consumers in a free-market economy.

“A healthy respect for First Amendment principles, careful analysis of legitimate justifications for commercial speech restrictions, and an exacting review of the fit between any proposed limitation and those goals are well advised before implementing any commercial speech restraint,” the attorneys write.

They say a precautionary checklist for First Amendment compliance should address: 

- avoiding acting to suppress consumer choice;
- not overusing a “deceptive or misleading” rationale; and
- realizing that mandatory disclosure unrelated to curing deception does not get a First Amendment pass.