When Free Speech Collides with Occupational Licensing

Can the government throw you in jail for offering advice on the Internet about what food people should buy at the grocery store? That is exactly the claim made by the North Carolina Board of Dietetics/Nutrition. In response, a major free speech lawsuit was filed in federal court on May 30. It seeks to answer one of the most important unresolved questions in First Amendment law: When does the government’s power to license occupations trump free speech? The case could have a profound impact on the Internet freedom of millions of Americans who share advice on blogs, Facebook, Twitter, Reddit, and elsewhere online. Violating licensing law can lead to fines, court gag orders, and even jail. According to the government’s logic, countless websites, Internet forums, Facebook, and so much more where people share information and offer each other advice on topics such as diet, parenting, and pregnancy are illegal...more