Abstract
This article explores the relationship between a physician’s First Amendment right to free speech and state informed consent mandates. Sawicki details the convoluted jurisprudence surrounding consent mandates, focusing on one-sided and controversial subject matter that many states require physicians to disclose. Sawicki then offers a legal framework for how a physician-challenged consent mandate may pass through the court system based on existing Supreme Court jurisprudence.
Keywords: First Amendment, Physician speech, Healthcare, Professional speech, Regulation, Informed consent
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