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ID 49259
file
title alternative
The Meaning of Categorizing Professional Speech
creator
abstract
Professionals advise their clients. Does this advice constitute professional conduct or speech? Professional advice is speech that is protected under the First Amendment, but at the same time, professional conduct can be regulated by the states, so professional speech can, incidentally, be involved in such regulation. Many lower courts and scholars adopt this view, and thus, professional speech receives less protection than other speech does. However, professional speech should not be treated as having less protection under the First Amendment. The distinctive character of professional speech is its nexus with the knowledge community. Professionals belong to the knowledge community. The knowledge community creates and maintains professional insights, and each profession conveys its insights to its clients. The interests of the professional speech of the knowledge community are combined with the standpoint that the protection of free speech is not only a subjective right but also an objective right. This way of thinking can provide a new perspective on restraining government discretion.
description
本研究はJSPS科研費JP19K01299の助成を受けたものです。
journal title
The Hiroshima Law Journal
volume
Volume 43
issue
Issue 4
start page
166
end page
127
date of issued
2020-03-17
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Social Sciences
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