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A matter of context: Casey and the constitutionality of compelled physician speech
1Jennings Professor of Law at Elon University School of Law.
Abstract:
Under the Supreme Court's compelled speech cases, the context of government-mandated disclosures determines the standard of review. Pursuant to Casey, Zauderer, and Whalen, compelled disclosures in the medical context, such as speech-and-display ultrasound laws, are subject to - and survive - a form of rational basis scrutiny.
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