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When Doctors Have the Right to Speak: Room for Debate

Posted on August 20, 2014 by Dissent

The New York Times addresses an issue I’ve discussed here before: under what circumstances can the state limit doctors’ speech. While I’ve focused on Florida’s “Docs vs. Glocks” law,  another law, passed in two states and upheld at the appellate level, prohibits licensed practitioners from offer conversion therapy to minors.

Read the introduction to the debate here.

The debaters are:

Dana Berliner, the litigation director at the Institute for Justice, a libertarian nonprofit law firm that filed a  friend-of-the-court brief  in Wollschlaeger v. Governor of Florida opposing the Florida law:

Communication Must Be Protected by the First Amendment

Robert Post, the Sol and Lillian Goldman professor of law and dean at Yale Law School, is the author, most recently, of “Citizens Divided: Campaign Finance Reform and the Constitution” and “Democracy, Expertise, Academic Freedom: A First Amendment Jurisprudence for the Modern State:”

A Doctor Has Limited First Amendment Rights

Laurence H. Tribe is the Carl M. Loeb University Professor and professor of constitutional law at Harvard Law School. His most recent book is “Uncertain Justice: The Roberts Court and the Constitution,” co-authored with Joshua Matz, who is a law clerk at the Supreme Court:

The First Amendment Should Protect Disfavored Viewpoints

Vikram Amar is a professor of law and associate dean for academic affairs at the University of California, Davis:

Licensing Regulations Are Not a Free-Speech Issue

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