Dear John,

Just as Labor Day weekend rolled in last week, IJ secured a resounding win for free speech and economic liberty at the U.S. Court of Appeals for the Seventh Circuit!

Lauren Richwine is someone called a “death doula.” She and her company Death Done Differently, LLC help the dying and their loved ones navigate the end of life, whether that’s discussing funeral options, crafting legacy letters to survivors, or just providing a sympathetic ear. It’s part of a larger movement of people taking more control over end-of-life planning. What Lauren is not is a funeral director. She doesn’t conduct any activities that require technical expertise or the handling of bodies. 

But, as you probably know from IJ and perhaps personal experience, the funeral industry is one of the most anti-competitive businesses in America. An anonymous complaint reported Lauren to the state licensing board, which tried to shut her down in 2023—unless she went to mortuary school, acquired a funeral director’s license, and established a full-fledged funeral home. 

Because of IJ’s pathbreaking litigation on so-called “occupational speech,” government restrictions on speech such as Lauren’s, even when it’s part of her occupation, must meet a high bar. Banning Lauren from providing caring, financially disinterested advice in the name of consumer protection is nonsensical—and, as the Seventh Circuit found, unconstitutional.

As the Seventh Circuit memorably put it in its ruling last week, “This approach furthers the state’s interests the way an atom bomb would further the eradication of a residential ant infestation. It goes much too far.” 

“Choosing how we will be with and care for our loved ones after they have died is inherently, deeply human and a right that belongs to the people, not the state. It is an honor that I will be able to continue supporting others as they face loss with as much love, courage, and tenderness as possible.” - Lauren Richwine

Lauren’s case is one of many where IJ has represented people trying to democratize the funeral industry, from monks making handmade wooden caskets, to environmentally friendly green burial entrepreneurs, to death doulas. These cases are quintessential IJ economic liberty cases that help everyday people live better and freer lives—and likely no one would litigate them if not for IJ.

But our victory for Lauren is about more than just the funeral industry. It’s about whether courts—like the Seventh Circuit here—should rigorously review speech restrictions when they incidentally involve economic activity. By reinforcing courts’ role as a meaningful check on government overreach, this case has broad impact for Americans in any occupation.

The support of our donors makes these achievements possible. Now, Lauren’s case goes back to the lower court to be litigated in light of this victory. 

Scott

Scott G. Bullock
President and Chief Counsel
Institute for Justice