The petition of the day is:

15-600

Issue: (1) Whether a state violates the First Amendment by penalizing a defendant for the content of its speech without requiring proof that the speech contains a knowing or reckless falsehood; (2) whether the Federal Food, Drug, and Cosmetic Act preempts a state enforcement action that serves no compensatory purpose and instead simply seeks to penalize a pharmaceutical company for actions that are comprehensively regulated and overseen by the Food and Drug Administration; and (3) whether the imposition of a $124 million civil penalty, without any showing of actual deception, reliance, or injury, violates the Excessive Fines Clause.

Posted in Cases in the Pipeline

Recommended Citation: John Ehrett, Petition of the day, SCOTUSblog (Dec. 10, 2015, 11:00 PM), https://www.scotusblog.com/2015/12/petition-of-the-day-888/