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Ep. 39 Freedom of speech regained: How NIFLA v. Becerra could impact medical practice

Paul Sherman

A recent US Supreme Court decision has struck down the “professional speech doctrine” which was elaborated by lower courts to justify restricting or regulating the activities of anyone offering advice or counsel to another individual.  This decision may have far reaching implications across a number of human activities, including health care.

To help us understand this decision and what effects it might have, we have as our guest Mr. Paul Sherman, senior attorney at the Institute for Justice and an expert in constitutional cases protecting the First Amendment, economic liberty, property rights and other individual liberties.


Paul Sherman.  Website and Twitter


Paul Sherman. Occupational Speech and the First Amendment. (Free access in Harvard Law Review)

Paul Sherman and Robert McNamara. NIFLA v. Becerra: A Seismic Decision Protecting Occupational Speech. (free access in Cato Supreme Court Review)

Parmet WE, Berman ML, and Simth JA.  The Supreme Court’s Crisis Pregnancy Center Case — Implications for Health Law.  (Open Access in New England Journal of Medicine)


Watch the episode on our YouTube channel.

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