Orentlicher, David2016-08-262016-08-262016David Orentlicher, Off-Label Drug Marketing, the First Amendment, and Federalism, 50 Washington University Journal of Law and Policy 89 (2016)https://hdl.handle.net/1805/10780http://ssrn.com/abstract=2712711http://openscholarship.wustl.edu/law_journal_law_policy/vol50/iss1/4/This article focuses on the unique nature of prohibited disclosures within the health care field. Specifically, this article details the relationship between restrictions on off-label drug use advertising and constitutionally protected free speech. Orentlicher explores the conflict between regulation of off-label drug use through direct prohibition versus regulation through indirect advertising restrictions. Ultimately, Orentlicher argues that pharmaceutical companies should not be able to invoke first amendment arguments against off-label advertising restrictions due to the potential for harm to the consumer.en-USArticle