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- First Amendment (6)
- Inc. (2)
- Abortion (1)
- And FDA regulation (1)
- And it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side (1)
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- Artificial intelligence (1)
- Attorney licensing (1)
- Christian nationalism (1)
- Commercial speech (1)
- Compelled commercial speech (1)
- Compelled speech (1)
- Confederate monuments (1)
- Constitutional Law (1)
- Copyright (1)
- Creating risks that misinformation will cause public harm long before regulatory processes can gear up to address it. This article examines how these two trends interact in the fields of health-care regulation and legal practice. It looks at how these forces work together both to create new regulatory problems and to shape the potential government responses to those problems. It analyzes the Supreme Court’s developing caselaw on professional speech and predicts how the Court’s jurisprudence is likely to shape current legal challenges in law and medicine. The Article further examines the regulatory challenges posed by the change in scale generated by massive digital platforms and the introduction of artificial intelligence. It concludes by recommending ways in which government regulators can meet the new challenges posed by technological development without infringing on protected speech. The crux of our proposal is that incremental change in the traditional state regulatory process is insufficient to meet the challenges posed by changes in technological scale. Instead (1)
- Cyberlaw (1)
- Establishment Clause (1)
- Expressive conduct (1)
- Free speech (1)
- Have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before (1)
- Including the growth of massive digital platforms and the introduction of artificial intelligence programs (1)
- It is time to ask bigger questions about the underlying goals and first principles of professional regulation. (1)
- Law practice (1)
- Lochner (1)
- Masterpiece Cakeshop v. Colorado Civil Rights Comm. (1)
- Medical licensure (1)
- Ommercial speech (1)
- Professional speech (1)
- Race (1)
- Regulatory actions affecting professional speech are facing new challenges from all sides. On one side (1)
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
History's Speech Acts, Jessie Hill
History's Speech Acts, Jessie Hill
Faculty Publications
This Essay considers the historic relationship between symbolic public expressions of racial and religious identity—in particular, Confederate symbols and Christian religious displays. These displays sometimes comprise shared symbology, and the adoption of this symbology overlaps at distinct moments in U.S. history in which Confederate and Christian symbolism converged to express messages of combined religious and racial superiority. This Essay argues that these forms of expression can best be understood as “speech acts” that seek to construct a particular social reality, often in defiance of political and social fact. They thus not only express but also enact social hierarchies. It further …
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Faculty Publications
The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …
The First Amendment As Killer App, Anupam Chander
The First Amendment As Killer App, Anupam Chander
Journal of Law, Technology, & the Internet
"While it is a commonplace that the Internet revolutionized speech, what is perhaps less well understood is that free speech made today’s Internet." Symposium article.
Persistent Threats To Commercial Speech, Jonathan Adler
Persistent Threats To Commercial Speech, Jonathan Adler
Faculty Publications
The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This paper, prepared for a symposium at Brooklyn Law School, examines two: 1) the use of commercial speech restrictions as a form of rent-seeking; 2) compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a …
Law School Clinics And The First Amendment, Jonathan L. Entin
Law School Clinics And The First Amendment, Jonathan L. Entin
Faculty Publications
No abstract provided.
Copyright Lochnerism, Raymond Shih Ray Ku
Copyright Lochnerism, Raymond Shih Ray Ku
Faculty Publications
Part I of this essay outlines the conflict between copyright and the First amendment as well as, the complementary argument for reconciling copyright and free speech, as it has been formulated by scholars and the Supreme Court. Part II discusses what I have referred to as the Framers' copyright and the extent to which arguments based upon the Framers' intent in this area may reconcile copyright and free speech. Lastly, Part III argues that reliance upon the complementary argument to deny any role for heightened First Amendment review in copyright cases is subject to two interrelated criticisms of Lochner. By …
Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku
Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku
Faculty Publications
Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …
Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin
Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin
Faculty Publications
Note discussing United States v. Progressive, Inc.