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.
St. Mary's University School of Law
Taylor J. Newman & Angela E. Surrett,
A “License to Kale”—Free Speech Challenges to Occupational Licensing of Nutrition and Dietetics,
St. Mary's L.J.
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol52/iss4/1
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