St. Mary's Law Journal
Abstract
State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and medical nutrition therapy, as an example.
First Page
1181
Last Page
1226
Date Created
8-25-2021
Publisher
St. Mary's University School of Law
Editor
Melissa Fullmer
Recommended Citation
Taylor J. Newman & Angela E. Surrett,
A “License to Kale”—Free Speech Challenges to Occupational Licensing of Nutrition and Dietetics,
52
St. Mary's L.J.
1181
(2021).
Available at:
https://commons.stmarytx.edu/thestmaryslawjournal/vol52/iss4/1
Included in
Dietetics and Clinical Nutrition Commons, First Amendment Commons, Health Law and Policy Commons, Labor and Employment Law Commons, Law and Society Commons, Legal Remedies Commons, State and Local Government Law Commons
