Corporations continue to try to pretend they deserve the same Constitutional rights as individuals, here arguing that the kind of disclosure requirements the government has successfully imposed for decades to make sure consumers get the information they need to make informed choices violate the First Amendment freedom of speech. The courts recognized that commercial speech is afforded less protection under the First Amendment than the speech of individuals and politicians. We hope the judges approved by the Senate but rated unqualified by the American Bar Association will recognize precedent and throw out this appalling effort to treat commercial enterprises like citizens.
Hospital groups sued to block a Trump administration rule forcing them to disclose secret rates, for the first time laying out the industry’s legal strategy for defeating the president’s central health-policy initiative.
The lawsuit filed Wednesday says the rule compelling the hospitals to publish their negotiated rates with insurers violates the First Amendment and goes beyond the statutory intent of the Affordable Care Act.
“The burden of compliance with the rule is enormous, and way out of line with any projected benefits associated with the rule,” according to the suit, which was filed by the American Hospital Association and other industry groups in U.S. District Court in Washington.
The groups say the disclosure under the rule would be compelled speech in violation of the First Amendment. They are asking for an expedited decision, saying hospitals could otherwise spend needless time and resources preparing for a rule that may be invalidated by the court.