Episode 56: Free Speech Challenges to Licensure of Speaking Professions
Aug 9th, 2022 by CLEAR
Get a sneak peek at another session from the upcoming Annual Educational Conference. Charla Burill with North Carolina Board of Dietitians and Nutrition and Pepin Tuma with Academy of Nutrition and Dietetics address the impact of constitutional free speech challenges to licensure of speaking professions. A lot of lawsuits recently in the US are drawing on the legal argument that states violate the free speech rights of unlicensed individuals by requiring that they meet minimum qualifications and obtain a license in order to practice this so called “speaking profession.” Charla and Pepin talk about why dietetic boards are being sued using this argument, discuss the definition and importance of the professional speech doctrine, and share updates on some recent cases and whether cases actually address licensure laws of a profession. They also discuss whether other professions should be concerned about what's going on - focusing on the concepts of conduct versus speech, professional-client relationship, and strict scrutiny standards for licensure laws.
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