A pharmaceutical industry association told the US Supreme Court that an Oregon law unconstitutionally lets the government publish trade secrets—rendering them worthless—under the guise of “transparency.”
The US Court of Appeals for the Ninth Circuit chose the wrong standard to analyze government-compelled speech under the First Amendment and misapplied it, the Pharmaceutical Research and Manufacturers of America said in asking the justices to take up the matter.
PhRMA also argued the appeals court erroneously held that drug manufacturers’ choice to operate in a highly regulated industry means they can’t expect their secrets to remain confidential—and therefore can’t raise a takings ...