A Matter of Context: Casey and the Constitutionality of Compelled Physician Speech

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.
Source: The Journal of Law, Medicine and Ethics - Category: Medical Law Authors: Tags: Symposium Articles Source Type: research