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disclosure: I am not a licensed professional engineer (PE), but I do research that intersects frequently and extensively with the boundary negotiation between e
by avs733 5y ago
disclosure: I am not a licensed professional engineer (PE), but I do research that intersects frequently and extensively with the boundary negotiation between engineering training, licensure, the profession, and calling oneself an engineer.
My immediate take is two groups that dislike each other mutually acting like children in hopes of scoring cheap points and feeling superior.
I assume/expect that the professional speech doctrine will come heavily into play here [0]. This doctrine is grounded in either a 1985 or a 1945 supreme court case depending on who you ask. It has come into play in weird ways in engineering before because the term 'engineer' vs. 'professional engineer' vs. 'licensed professional engineer' may or may not be confusing to lay people...or at least confusing enough that people are willing to spend money on lawyers related to bicker about it [1].
Basically, if one is speaking using the auspices of a regulated and licensed profession, than commentary and comments related to that profession are bound by the responsibilities, ethics, laws, etc. governing it. If one was speaking as a member of the public - does not apply - but the boundaries are fuzzier than I think a lot of people would like. That being said, generally the red line has been the use of professional knowledge and expertise with a specified client. In those cases, it has been deemed in the public interest for the state to regulate speech...because the person is speaking in part with the backing of an assertion of qualification from the state. I suspect this is one of those cases where someone on the board took whatever strong towns has been doing (never heard of them before) a little personally...and is willing to cause problems by investigating whether this engineer stepped over the line.
Examples of its application include:
* preventing doctors from advocating for sexual orientation conversion therapy (CA)
* compelling doctors to make certain statements about abortion (e.g., PA)
[0] https://mtsu.edu/first-amendment/article/1551/professional-speech-doctrine https://mtsu.edu/first-amendment/article/1551/professional-s...
[1] https://www.oregonlive.com/news/2018/12/federal-judge-finds-state-law-governing-who-is-an-engineer-violates-free-speech.html https://www.oregonlive.com/news/2018/12/federal-judge-finds-...