The State of Missouri is buying its lethal injection drugs from a pharmacy. The identity of that supplier is a secret.
Does Pharmacy Have Constitutionally Protected Speech Over Products It Sells?
The supplier has provided the drugs used in 16 executions in the State of Missouri.
Mississippi Death Row inmates have a court fight going on over Mississippi’s lethal injection methods, and in that suit they have subpoenaed the Missouri Department of Correction’s drug source information. It’s a part of their arguments regarding Mississippi, and they are comparing what happens in other states, too.
Here’s the question: is the drug supplier protected by the First Amendment of the U.S. Constitution? Can its identity be kept secret under an argument that it’s related to political speech?