Even though a law may be on the books, it may not always be good law.
Let me give you an example. On my constitutional law blog I wrote about a Washington State law which bans flag desecration. See RCW 9.86.030. The law basically criminalizes any act which will put any flag into disrepute. And yes it does criminalize flag desecration, the penalty is a gross misdemeanor and the statute is located in Title 9 – Crimes and Punishment of the Revised Code of Washington.
Continue reading Laws Aren’t Always Enforceable
The professional speech doctrine of free speech seems to be emerging in front of courts. Professional speech is defined when the government’s right of licensing and regulation through police powers outweighs an individual’s right to free speech.
I recently wrote about this topic on my Intermediate Scrutiny blog. If you are a licensed professional, or interested in the most recent developments in the freedom of speech theory then this article might interest you.
Professional Speech Doctrine