Pharmacy Peddling Lethal Injection Drugs Claims First Amendment Right
September 26, 2016
A pharmacy whose drugs were used in 16 Missouri executions is arguing that providing the lethal cocktail is protected by the First Amendment, and is seeking to remain anonymous. The filing comes in response to a subpoena issued months ago by death row inmates in Mississippi. The pharmacy – referred to only as “M7,” – said its drug sales are political speech. “The fact that M7’s expression of political views involves a commercial transaction does not diminish M7’s First Amendment rights,” the pharmacy’s attorneys wrote. Selling the drugs is “an expression of political views, no different than signing a referendum petition or selling a t-shirt.” The filing also claims the pharmacy’s choice to sell the drugs was “based on M7’s political views on the death penalty, and not based on economic reasons.” Missouri has paid the pharmacy $125,000, all in cash, for the lethal injection drugs. The amount paid per execution, $7,188.88, is well above market value, Buzzfeed reports, and some have expressed concern about the legality of the cash transactions.
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