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Ghostbusting and the First Amendment

By Rebecca Tushnet

Congress is showing increasing concern over the practice of pharmaco-funded ghostwriting of medical articles, on which doctors and others rely in assessing the costs and benefits of various treatments. Given the constitutional protection of anonymous/pseudonymous speech, does congressional involvement in "ghostbusting," or ferreting out ghostwritten articles, raise free speech issues? If you want to allow Congress to act, is it because the interest in disclosure is substantial, or because this is really commercial speech in disguise?

Full post as published by 43(B)log on September 18, 2009 (boomark / email).