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First Amendment Commons

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Full-Text Articles in First Amendment

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki Jul 2022

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki

Indiana Law Journal

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These laws face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues that laws compelling physician speech also pose significant problems that should concern scholars of tort law.

State laws that impose tort liability on physicians who refuse to communicate a state-mandated message often do so by deviating from foundational principles of tort law. Not only do they change the substantive disclosure duties of physicians under informed consent law, …


Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney Oct 1986

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.


Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell Jul 1984

Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell

Indiana Law Journal

No abstract provided.