Tort Law Implications of Compelled Physician Speech

Abortion and compelled physician speech.

Informed consent mandates for abortion providers may infringe the First Amendment's freedom of speech. On the other hand, they may reinforce the physician's duty to obtain informed consent. Courts can promote both doctrines by ensuring that compelled physician speech pertains to medical facts about abortion rather than abortion ideology and that compelled speech is truthful and not misleading.

Informed Consent Beyond the Physician-Patient Encounter: Tort Law Implications of Extra-Clinical Decision Support Tools

Modern Tort Law Demystified

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.

Serious Tort Law Reform

Tort law is a form of collective intervention into social and economic affairs that carries with it substantial costs, both public and private. These costs include higher prices for goods and services, higher taxes, and the socially undesirable consequences that tort law has on people's behavior such as the failure of companies to develop and introduce products the public wants, the wasteful an...