Does the First Amendment protect your right to speak for a living?

, The National Law Journal

   | 1 Comments

Although they have not been unanimous on the issue, the general trend among lower courts has been to provide little or no First Amendment protection for occupational speech. If that trend continues, its long-term consequences will be profound.

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What's being said

  • Timothy E. Morgan

    The thesis of this article does not bear close examination. If interior designers should be free to advise their clients with obtaining a required license for practicing the trade, then why on earth are lawyers license? The vital distinction, arguably muddied by First Amendment jurisprudence concerning commercial speech (though that IS less protected than,e.g., political speech) has muddied the waters: viz, Citizens United. But the difference between speech and commerce needs to be rescued if the First Amendment is to continue to serve the cause of democracy.

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