• Speech Regulation
  • The Commercial Speech Doctrine
  • The Professional Speech Doctrine
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  • More Speech Rules from the ABA?

    January 7, 2020

    Lawyers. Hardly poor cobblers are we; as a profession that deals in the arcana of regulation we seem to delight in larding ever more regulation upon ourselves. The attitude of our profession might be…

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  • Will SCOTUS Address Professional Speech?

    November 21, 2019

    Watching with interest: whether the Supreme Court grants cert in Capital Associated Industries v. Stein, a 4th Circuit decision out of North Carolina addressing the interplay between legal licensing and the First Amendment. While…

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  • Spineless FTC Goes Weak on Astroturfing

    October 28, 2019

    Writing astroturf reviews is WRONG, people. Like, OBVIOUSLY wrong. So you’d think that if you got caught instructing your employees, in sunny yet oh-so-detailed ways, on how to leave fake positive reviews for your…

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  • Another “Abortion Counseling” Law Knocked Back

    September 10, 2019

    It seems to be an equal opportunity area, the fight to control speech around abortion. Blue states want to force churchy “crisis pregnancy centers” to inform people about its availability, while red states want…

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  • Are ALL Licensing Restrictions OK Now?

    August 26, 2019

    I missed this when it was issued last month, but struck by the result in the del Castillo v Philip case, challenging the application of Florida’s licensing law for dietitians to prevent the sale…

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  • Is Real Change Finally Arriving to Lawyer Regulation?

    July 19, 2019

    Go read Jayne Reardon’s latest, “Re-Regulating Lawyers for the 21st Century,” which provides an excellent overview of a series of attorney regulatory changes being floated in a number of states. While the process in…

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