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- Abortion (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)
- Chilling Effect (Public Policy) (1)
- Civil Liability (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)
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- Expressive conduct (1)
- First Amendment (1)
- Freedom of Assembly (1)
- Freedom of Association (1)
- Freedom of 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)
- Inc. (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)
- Masterpiece Cakeshop v. Colorado Civil Rights Comm. (1)
- Public Demonstrations (1)
- Regulatory actions affecting professional speech are facing new challenges from all sides. On one side (1)
- Sorrell v. IMS Health (1)
- Technological developments (1)
- The Supreme Court has grown increasingly protective of professionals’ free speech rights (1)
- Torts (1)
- United States Constitution 1st Amendment (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
Faculty Publications
This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest activities. Plaintiffs have recently filed a number of new civil actions negatively affecting protest, including "negligent protest," "aiding and abetting defamation," "riot boosting," "conspiracy to protest," and "tortious petitioning." The labels are suggestive of the threats these suits pose to First Amendment rights. All of these costs and liabilities add …
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 …