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  • Attorney Speech Restriction Violates First Amendment

    December 11, 2020

    The tide is coming in on professional speech regulation. While we still don’t have an official “professional speech doctrine,” since the 2018 decision in NIFLA v. Becerra, the pace of cases considering – and…

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  • Photography, Discrimination, and the Limits of Speech Regulation

    October 14, 2020

    Chelsey Nelson Photography v. Louisville, a federal District Court case decided in August, is our latest entrant in the slowly-expanding string of cases recognizing that strong First Amendment interests are at play when professional…

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  • Gorsuch Weighs in on Legal Deregulation

    September 22, 2020

    There was a terrific access-to-justice piece in US Today last week, authored by former Colorado Supreme Court Justice Rebecca Love Kourlis and her fellow Coloradan, U.S. Supreme Court Justice Neil Gorsuch. Kourlis and Gorsuch…

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  • Arizona Cuts Attorney Regulation

    September 14, 2020

    Following on the heels of Utah, Arizona has approved sweeping changes to its rules regulating the practice of law. Once again, I’m pleasantly surprised that a state bar has gone for what I’ve long…

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  • Recent Cases Bode Well for Professional Speech Rights

    September 8, 2020

    Catching up – this summer has seen some important developments on the professional speech front: Billups Decision Affirmed on Appeal In Billups v. City of Charleston, a unanimous 4th Circuit panel affirmed the District…

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  • Summer of CDA 230

    June 25, 2020

    Since my last series of posts on this topic, there has been an epic surge of hot nonsense government proposals on CDA 230. First up: Donald F. Trump’s executive order purporting to take social…

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