Episode 126: The Fight for Free Speech in the Courts (with Paul Sherman)
Channel: Libertarianism.org
Date: 18/03/2016

Paul Sherman joins us for a discussion on free speech issues, particularly the right to political and occupational speech.

How did SpeechNow and Citizens United change how elections are financed? Where does the distrust of money we so often see in politics come from? What’s wrong with making people disclose their donations?

What’s the problem with occupational licensing? Doesn’t it seem sensible in some cases for the government to license certain things to make sure people aren’t hurting others with their advice?

How are these two issues related? 

This week Paul Sherman from the Institute for Justice joins us to discuss free speech as it applies to politics and elections (political speech), occupational licensing (occupational speech), and the future of the First Amendment.

Show Notes and Further Reading

Sherman’s article in the Harvard Law Review, “Occupational Speech and the First Amendment.”
http://harvardlawreview.org/2015/03/occupational-speech-and-the-first-amendment/

Amanda Shanor and Robert Post’s response to Sherman’s article, “Adam Smith’s First Amendment.”
http://harvardlawreview.org/2015/03/adam-smiths-first-amendment/

Institute for Justice cases dealing with free speech issues that we mentioned in this episode:

Charleston Tour Guides
http://ij.org/case/charleston-tour-guides/

Colorado Private Enforcement
http://ij.org/case/colorado-private-enforcement/

Savannah Tour Guides Free Speech
http://ij.org/case/savannah-tour-guides-free-speech/

Kentucky Psychology Speech
http://ij.org/case/kypsychspeech/

DC Tours
http://ij.org/case/dc-tours/

Parker North, CO Free Speech
http://ij.org/case/sampson-v-buescher/

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