Content Based V Content Neutral Speech How Occupational...

Content Based v. Content Neutral Speech: How Occupational Licensing Threatens First Amendment Protections Introduction Since the 1950’s, occupational licensing has grown from 73 occupations to thousands of occupations being licensed. In fact, 28% of American jobs require a license in order to practice a profession. Occupational licensing is a method of economic regulation whereby the government controls the entry and supply of participants in a given profession. Occupational licensing can be seen as restricting a form of speech, especially in professions that are completely composed of speech, such as tour guides. There are different levels of speech and not all speech is protected equally, however, even if speech is not protected under the strictest of scrutiny, it is still protected none the less. Many professions have boards that require licensing for practicing the profession. These boards will bring suit to those they believe are practicing the profession without licenses and this practice can often go too far to infringing on the freedom of speech. This comment addresses occupational licensing laws and discusses when the licensing law goes too far. Regarding the most prominent cases on this issue, Kagan v. City of New Orleans and Edwards v. District of Columbia, this comment discusses the importance of narrowly tailored regulation laws in order to protect citizens from speech prohibition. Part I will analyze how occupational licenses can infringe on the freedom ofShow MoreRelatedFundamentals of Hrm263904 Words   |  1056 Pagescustomer service please, call 1-800-CALL WILEY (225-5945). DeCenzo, David A, Robbins, Stephen P. Fundamentals of Human Resource Management—10th ed. 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