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Soothsayer Law

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4 Responses

  1. Ben says:

    State ACLU’s have challenged similar state and local laws a few times. I worked on one such challenge as a 1L summering with the Georgia ACLU. The setup was such that state law allowed counties to regulate, prohibit, or tax fortunetelling for a profit (O.C.G.A. § 36-1-15). Ultimately our client was granted her business license. I have copies of an Atlanta Journal Constitution Article and I have copies of the brief that I drafted challenging the all this. It’s fascinating stuff and I’m happy to share it with you.

  2. Ben says:

    Quick update: a brief summary can be found at http://acluga.org/docket.html#3

  3. Howard Wasserman says:

    I am not sure I would concede so fast this is commercial speech. The prohibition of “publishing by sign, [etc.]” is commercial; the actual telling of a fortune or reading of cards and palms, even if done for profit, is not commercial.