Corporate free speech rights are severely limited by the government already. Megacorp can run an ad saying their new drug Snakeoilapam cures cancer, but if they haven’t proven it to the satisfaction of the FDA, the FDA can and will block the ad, fine the company, jail executives, even issue a consent decree to put a padlock on the doors of the manufacturing plant that makes the drug.
As an individual, I can say anything I want about Snakeoilapam. I’m only going to get in trouble if I’m doing so as an employee, contractor, or other kind of agent of Megacorp. Even then, the FDA is going to go after Megacorp primarily.
Tougher to prove, but with equal enforcement cred, is just plain fraudulent claims by any company.
