Chiles v. Salazar · ¶143
Third, and finally, the First Amendment protects a speak- er's autonomy. “ `[T]he fundamental rule of protection under the First Amendment [is] that a speaker has the autonomy to choose the content of his own message.' ” Rums field v. Forum for Academic and Institutional Rights, Inc., 547 U. S. 47, 63–64 (2006) (quoting Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 573 (1995)). But, here again, with respect to professional medical speech, healthcare providers do not have autonomy; when it comes to providing treatments for their patients, they are bound by the standard of care and are not generally free to “choose the content” of their message. See Haupt, 125 Yale L. J., at 1272; Halberstam, 147 U. Pa. L. Rev., at 867. Put differently, although medical professionals do have an autonomy interest in communicating their ideas to the patients they…Read in context ›
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