In other words, the mere existence of the FDA endowed with formidable regulatory discretion suppresses the free speech of the regulated. A host of other regulated industries are similarly silenced by the mere existence of their regulators: financial institutions, insurance, oil and gas, motor vehicles, aircraft, defense contractors, and every business that may confront a tax issue or a need to sell securities.   In sum, if we wish free speech to flourish, the regulatory state must be vastly scaled back. This is an issue upon which both liberals and conservatives should agree. To crucify free speech on a cross of administrative regulation is a Faustian bargain that should not be entertained.

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