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

, The National Law Journal


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.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

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.

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202537355092

Thank you!

This article's comments will be reviewed.