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Constitutional Law, First Amendment Emory ELSSCAP Constitutional Law, First Amendment Emory ELSSCAP

Arshil Sulayman | Rational Basis or Intermediate Scrutiny: How Can States Determine Whether Professional Conduct Can Be Regulated Under the First Amendment?

The free speech clause of the First Amendment to the U.S. Constitution can be limited by the state to regulate professional conduct that contains speech. For example, a state may require a professional to be licensed in their field before being able to legally practice within that state. This expresses the state’s interest in promoting an ethical industry that limits potential harm to its citizens. If said professional is not licensed, the state may suppress their ability to communicate certain services or information to potential clients.

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