United States First Circuit
IMS Health Inc. and Verispan, LLC v. Ayotte, New Hampshire Attorney Gen., 071945
A district court's finding that a state law, which prohibits certain transfers of physicians' prescribing histories for use in detailing, unconstitutionally abridged free speech, is reversed and the injunction against enforcement of the Prescription Information Law is vacated where: 1) regulated data transfers did not embody restrictions on protected speech under the First Amendment; 2) the state law regulated conduct, not speech; and 3) even if the Prescription Information Law amounted to a regulation of protected speech, it passed constitutional muster.
Appellate Information
- Decided 11/18/2008
- Published 11/18/2008
Judges
Court
- United States First Circuit