Michael Mayfield, the president of Mendo Mill and Lumber Co., in California, received a “notice of a legal claim” from Edward Starski. The “claim” alleged that a stack of lumber had fallen on a customer as a result of a Mendo employee’s “incompetence.” The “notice” presented a settlement offer on the customer’s behalf in exchange for a release of liability for Mendo. In a follow-up phone conversation with Mayfield, Starski said that he was an attorney—which, in fact, he was not. Starski was arrested and charged with violating a state criminal statute that prohibited the unauthorized practice of law. [ People v. Starski, 7 Cal.App.5th 215, 212 Cal.Rptr.3d 622 (1 Dist. Div. 2 2017)] (See Business and the Bill of Rights.)  

(a) Starski argued that “creating an illusion” that he was an attorney was protected by the First Amendment. Is Starski correct? Explain. 
(b) Identify, discuss, and resolve the conflict between the right to free speech and the government’s regulation of the practice of law.