Law Practice,
State Bar & Bar Associations
Nov. 7, 2014
When the state tells professionals what they can say
The state can regulate professions in many ways, but when state regulation and professional insights clash, we see the tension between regulation of the professions and professionals' free speech interests.
Claudia E. Haupt
Claudia is an associate-in-law at Columbia Law School. This article was adapted from her working paper "Professional Speech."
You're a lawyer advising a client. Would you want the state to tell you exactly what you may or may not say? What if you're a doctor advising a patient? A therapist, or a pharmacist? Of course the state can regulate the professions in all sorts of ways: through licensing schemes, advertising regulations, and the imposition of professional malpractice liability. But some types of state regulation go further. They try to target the content of the communication between a professional and a cl...
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