Category: standing in First Amendment cases

Tobinick v. Novella

Dr. Edward Tobinick sued Dr. Steven Novella, a professor at Yale University Medical School, for criticizing his unusual medical treatments that he provides at his clinics in Florida and California. In a blog post on his website “Science Based Medicine,” Novella called Tobinick’s clinic, the Institute of Neurological Recovery, a “quack clinic.” Novella also took issue that Tobinick used the anti-inflammatory drug Enbrel to treat Alzheimer’s disease, as reported by an article in the Los Angeles Times.

Press Release: Media Coalition Applauds Supreme Court Ruling Affirming Standard to Bring First Amendment Challenge

In the case Susan B. Anthony List v. Driehaus, the United States Supreme Court held that “a credible threat of enforcement” is a sufficient threat of injury to establish standing in a First Amendment case when bringing a “pre-enforcement” challenge.

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