The "Watchman for Truth": Professional Licensing and the First Amendment

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue.

This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are covered by a system of licensure, particularly acute First Amendment questions arise because the license requirement arguably acts as a prior restraint on speech. A prior restraint is a legal requirement that an individual obtain permission from the government before speaking.