From Veterans Guardian VA Claim Consulting LLC v. Platkin, decided yesterday by Judge Stephanos Bibas, joined by Judges Anthony Scirica and Cheryl Krause:
The marketplace of ideas is not just a metaphor. Many Americans, from journalists to playwrights to therapists, speak for a living. Laws that bar these professionals from earning money on that speech limit their ability to speak and so must survive First Amendment scrutiny. New Jersey recently passed one such law, banning charging for some advice on how to claim veterans benefits. Because this law likely burdens speech, yet the District Court thought otherwise and so denied a preliminary injunction, we will vacate and remand….
The majority opinion began by concluding that professional speech, including paid speech, is likely presumptively protected by the First Amendment:
