• Speech Regulation
  • The Commercial Speech Doctrine
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  • UpSolve Delivers, and the Legal Monopoly Shrinks

    May 26, 2022

    Well, THAT was fast. It was only the end of January when UpSolve filed its lawsuit against New York and its overly-broad unlicensed practice of law — or “UPL” — law. I shouldn’t be…

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  • The 11th Circuit Splits With Itself

    February 23, 2022

    So we know what a Circuit split is, right? Like where one circuit decides an important legal issue one way, and another circuit decides it in a contrary way? But what do you call…

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  • Death Knell for UPL?

    January 28, 2022

    It’s FINALLY happening – a credible lawsuit taking on the lawyers’ monopoly on providing legal advice. I’ve long railed on the fundamental disconnect between the First Amendment’s expansive free speech guarantees and the fact…

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  • Professional Speech Regulation, or a Story about a Man and a Horse

    December 20, 2021

    Back in 2015, I wrote about Ronald Hines, a Texas veterinarian who was sanctioned for providing veterinary advice without a license. Hines’ punishment was upheld largely because the Fifth Circuit determined that the a…

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  • Streamlining “Admission on Motion”

    October 26, 2021

    So I was just admitted to the Arizona Bar. Before you break out the celebratory mezcal and tacos, let me note the decidedly low-key meaning of this milestone: I’m already licensed in California and…

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  • 11th Circuit: Strict Scrutiny for Professional Speech Ban

    December 31, 2020

    Counseling services designed to get people to change their sexual orientation or gender identity have a deservedly gross reputation. Grosser still is their predominant orientation toward children, who frequently aren’t the ones choosing to…

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Socially Awkward Law

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