{"title":"商业言论自由胜过食品标签政治:无rbst牛奶法令的遗产和基因工程披露法的禁止案例","authors":"G. Keel","doi":"10.1080/21689725.2014.888860","DOIUrl":null,"url":null,"abstract":"Commercial speech rights have expanded under federal court decisions dating back to the 1970s. This paper examines application of commercial free speech precedents to two contemporary dairy labeling cases, where states required or prevented labeling of products derived from cows treated with genetically-modified hormones. Decisions in both cases strengthened commercial speech freedom regarding food products and processes and limited state regulatory power, though the outcomes for anti-genetic engineering interest groups were divergent. The courts struck down Vermont’s labeling mandate as unconstitutional compulsory speech and found consumer “right to know” an inadequate state interest. In striking down Ohio’s labeling prohibition, the courts protected voluntary speech to label dairy products as “rbST-free” as long as labels were not false or misleading. The author projects the likely negative impact of these court rulings on the constitutionality of genetically-modified food labeling mandates proposed in many states and considers future directions of genetically-engineered food labeling regulation in competitive and politically-contested environments.","PeriodicalId":37756,"journal":{"name":"First Amendment Studies","volume":"48 1","pages":"44 - 60"},"PeriodicalIF":0.0000,"publicationDate":"2014-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/21689725.2014.888860","citationCount":"0","resultStr":"{\"title\":\"Commercial Free Speech Trumps the Politics of Food Labeling: The Legacy of rbST-Free Milk Mandate and Prohibition Cases for Genetic Engineering Disclosure Laws\",\"authors\":\"G. Keel\",\"doi\":\"10.1080/21689725.2014.888860\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Commercial speech rights have expanded under federal court decisions dating back to the 1970s. This paper examines application of commercial free speech precedents to two contemporary dairy labeling cases, where states required or prevented labeling of products derived from cows treated with genetically-modified hormones. Decisions in both cases strengthened commercial speech freedom regarding food products and processes and limited state regulatory power, though the outcomes for anti-genetic engineering interest groups were divergent. The courts struck down Vermont’s labeling mandate as unconstitutional compulsory speech and found consumer “right to know” an inadequate state interest. In striking down Ohio’s labeling prohibition, the courts protected voluntary speech to label dairy products as “rbST-free” as long as labels were not false or misleading. The author projects the likely negative impact of these court rulings on the constitutionality of genetically-modified food labeling mandates proposed in many states and considers future directions of genetically-engineered food labeling regulation in competitive and politically-contested environments.\",\"PeriodicalId\":37756,\"journal\":{\"name\":\"First Amendment Studies\",\"volume\":\"48 1\",\"pages\":\"44 - 60\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/21689725.2014.888860\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"First Amendment Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/21689725.2014.888860\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"First Amendment Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/21689725.2014.888860","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Commercial Free Speech Trumps the Politics of Food Labeling: The Legacy of rbST-Free Milk Mandate and Prohibition Cases for Genetic Engineering Disclosure Laws
Commercial speech rights have expanded under federal court decisions dating back to the 1970s. This paper examines application of commercial free speech precedents to two contemporary dairy labeling cases, where states required or prevented labeling of products derived from cows treated with genetically-modified hormones. Decisions in both cases strengthened commercial speech freedom regarding food products and processes and limited state regulatory power, though the outcomes for anti-genetic engineering interest groups were divergent. The courts struck down Vermont’s labeling mandate as unconstitutional compulsory speech and found consumer “right to know” an inadequate state interest. In striking down Ohio’s labeling prohibition, the courts protected voluntary speech to label dairy products as “rbST-free” as long as labels were not false or misleading. The author projects the likely negative impact of these court rulings on the constitutionality of genetically-modified food labeling mandates proposed in many states and considers future directions of genetically-engineered food labeling regulation in competitive and politically-contested environments.
期刊介绍:
First Amendment Studies publishes original scholarship on all aspects of free speech and embraces the full range of critical, historical, empirical, and descriptive methodologies. First Amendment Studies welcomes scholarship addressing areas including but not limited to: • doctrinal analysis of international and national free speech law and legislation • rhetorical analysis of cases and judicial rhetoric • theoretical and cultural issues related to free speech • the role of free speech in a wide variety of contexts (e.g., organizations, popular culture, traditional and new media).