• Speech Regulation
  • The Commercial Speech Doctrine
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  • Why New Jersey Gets it Wrong on Avvo Legal Services

    July 20, 2017

    OK, so one of the last things I read work-wise, before going off the grid to chase after Amelia Earhart in Kiribati for three weeks, was this joint opinion by three committees of the…

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  • Welcome Back From the Jungle

    July 13, 2017

    My father is an archaeologist; he’s spent years working in the Pacific, and I spent a summer as a child trolling around places like Saipan, Chuuk, and Pohnpei. When I was in college, my…

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  • Compelled Speech & Viewpoint Discrimination

    June 21, 2017

    So “compelled speech.” The government telling you what you’ve got to say. It’s surprisingly common, and also often uncontroversial. Think nutrition labeling and warning signs. Other times, not so much. So what’s the test?…

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  • June 2017 Notes: Big Changes for Lawyer Ad Rules?

    June 19, 2017

    Are the Bar Ad Rules Finally Changing? One of the little-understood impediments to consumer access to legal services is the way lawyers are regulated. From our monopoly on “the practice of law,” to our…

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  • 9th Circuit Reverses on Expanded Protection for Commercial Speech

    June 15, 2017

    Early last year, the 9th Circuit made an intriguing ruling: that commercial speech regulation required an even higher showing of necessity than that long-recognized by the “intermediate scrutiny” standard.  Unfortunately, in an en banc…

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  • May 2017 Notes: Live-tweeting trials and client communications via Facebook

    May 31, 2017

    Live-Tweeting Trials Not “Broadcast.” In early May, at the ABA Litigation Section Annual Meeting, I spoke on a panel relating to social media use in trial. Two of my co-panelists were Judge William Alsup…

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