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> why not unpaid unlicensed health advice Because then the First Amendment does take precedence.

• AnthonyMouse 7y ago
  This is where it all falls apart. On the one hand we have courts upholding copyright against First Amendment challenges because copyright enables that speech since it might otherwise not be funded, and "money is speech" in campaign finance, and striking down Son of Sam Laws. On the other hand we have that commercial speech is less protected. But the central example of that is advertising. You can't use somebody's likeness without their permission in your advertising, even if you can in your criticism of them, because it's commercial speech. But paying somebody to give you information/advice is much more like the first category of cases than the second, isn't it?