tag:blogger.com,1999:blog-5764290.post7429048454892188718..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: Warning sign for the First Amendment: safety signs unconstitutional?Unknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5764290.post-47050037125952935112016-02-08T10:29:59.354-05:002016-02-08T10:29:59.354-05:00I think, according to the court, if the product is...I think, according to the court, if the product is used by its purchasers (and not by those who have purchased it for them), warnings are still commercial speech. (As opposed to, as Post would say, not even commercial speech.) Otherwise: yes, also traffic laws. However, I suspect that at least traffic laws would survive strict scrutiny, though given the alternatives analysis the court goes through here mandatory warnings should not.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-76035350813065232192016-02-08T10:04:03.735-05:002016-02-08T10:04:03.735-05:00So are failure-to-warn product liability claims no...So are failure-to-warn product liability claims now subject to strict scrutiny? Traffic laws requiring the use of turn signals?James Grimmelmannhttp://james.grimmelmann.net/noreply@blogger.com