Countless Americans—from tour guides to lawyers—earn their living in occupations that consist primarily of speech. But government officials are increasingly relying on occupational licensing laws to stifle this speech and infringe on the right to earn an honest living.
- In 2016, we launched a new lawsuit challenging tour guide licensing in Charleston, S.C. We also released a new report that found Washington, D.C.’s tour guide license did not improve tour quality.
- IJ’s lawsuits and amicus briefs have been featured in The New York Times, The Wall Street Journal, The Washington Post, The Associated Press and USA Today.
The very idea that Americans would have to register with the government before providing information or communicating a message is antithetical to this country’s tradition of free speech and open inquiry. Yet the U.S. Supreme Court has said little on this topic, which has led some lower courts to treat occupational speech as unworthy of full constitutional protection. The Institute for Justice has set out to change that trend, and we remain the only organization that consistently litigates cases in the cutting-edge world of occupational speech in a principled and strategic way.
Occupational Speech Cases
North Carolina Nonprofit and Paralegals Sue State Over First Amendment Right to Give Legal Advice
The First Amendment’s protection for free speech isn’t limited to political advocacy or expressions of personal opinion—it extends to speech on all topics. That includes expert advice that people earn a living providing, an area…
Occupational Speech Research
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Putting Licensing to the Test
More Americans than ever need a license to work. But what do occupational licenses actually accomplish? This case study of one such license adds to a growing body of research that suggests this red tape…
First Amendment | Occupational Speech | Tour Guides
Occupational Speech and the First Amendment
In May 2013, newspaper columnist John Rosemond received a cease-and-desist letter from the Kentucky Board of Examiners of Psychology informing him that his syndicated column — in which he answers readers’ questions about parenting —…