Professional Speech & Conduct: Do the Courts Know the Difference?

By: Prakash Kadiri Is giving nutritional advice protected by the First Amendment? Absolutely. Now, what if you’re not licensed by the state but compensated for that advice—is your speech still protected by the First Amendment? A Florida District Court recently said no. In deciding cases like this, courts try to distinguish whether the licensing laws— … Continue reading Professional Speech & Conduct: Do the Courts Know the Difference?

WHAT IS A “NONCONTROVERSIAL” TOPIC AND WHY DOES IT MATTER TO PROFESSIONAL SPEECH?

By: Christopher Eddy Introduction The Supreme Court’s recent decision in National Institute of Family & Life Advocates v. Becerra (“NIFLA”) dealt with “professional speech.” Specifically, the Court decided if professional speech constituted a separate class of speech and was entitled to less protection under the First Amendment. The law at issue was California’s FACT Act … Continue reading WHAT IS A “NONCONTROVERSIAL” TOPIC AND WHY DOES IT MATTER TO PROFESSIONAL SPEECH?