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Can the government require you to get a license merely to advertise a service that anyone can lawfully perform without a license? Strange as it sounds, that’s the question at the heart of a First Amendment challenge to an Ohio law that may be on its way to a rare en banc rehearing before the Sixth U.S. Circuit Court of Appeals. If the court chooses to hear the case, it could help resolve one of the most pressing questions in modern First Amendment law: What limits does the First Amendment impose on government’s ability to regulate businesses?

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Paul Sherman

I'm a senior attorney at the Institute for Justice (IJ), the national law firm for liberty. IJ litigates across the country in support of the First Amendment, economic liberty, property rights and school choice.

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