Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New cert petition: In 2018, the Supreme Court unequivocally rejected the so-called "professional speech doctrine," under which lower courts had been giving mere rational basis review to restrictions on speech instead of the usual, robust scrutiny that the First Amendment demands. And yet! The Eleventh Circuit recently resurrected the doctrine in all but name to uphold a Florida law that makes it a crime for anyone but a licensed dietician to give dietary advice. That won't do. (And if you won't take our word for it maybe you'll find this amicus brief by several noted scholars, including Erwin Chemerinsky, persuasive.)
New on the Short Circuit podcast: The very best podcast episode on the Montana Supreme Court and the Montana Constitution that has ever been recorded this week.