A decision in a case before the 11th Circuit Court in Florida holds that the state licensing scheme for dieticians does not violate free speech rights of unlicensed dieticians. "A statute that governs the practice of an occupation is not unconstitutional as an abridgement of the right to free speech, so long as any inhibition of that right is merely the incidental effect of observing an otherwise legitimate regulation." The case alleged that requiring a license to practice as a dietician violated an individual's free speech rights to communicate advice on diet and nutrition to her clients. The ruling held that the Act regulates professional conduct of dieticians and only incidentally burdens free speech rights.
The article author's analysis concludes that "courts should recognize that this does indeed require recognizing a zone of special regulation for professional-client speech, rather than pretending that it's 'conduct'."
