The fundamental question is whether legislatures have the right to make
make consumer protection laws or whether the First Amendment blocks any such laws.
Your whole response is policy based. That is fine, but policy should be decided by the democratically elected legislature and not by the non-democratic courts. That has been the definitive legal view for over 100 years. So I appreciate your policy arguments, but the place for them is in front of the legislature.
The fear is that the door has now been opened wide for one of two possible outcomes. First, there may be no limiting principle and all forced disclosure consumer protection laws are found unconstitutional with no democratic recourse available. Second, there is no limiting principle and judges decide what is permissible regulation and what is impermissible based on their own policy preferences. This is properly the role of the legislature and not the judiciary. *Those are the fears/arguments coming from the liberal side.
*Even is this opinion is limited to the facts in this case, this argument can already be made. The five conservative judges don’t like abortion so forced disclosure is not allowed. But the judges are fine with nutritional statements so those are allowed
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In response to this post by BocaHoo91)
Posted: 06/26/2018 at 5:57PM