From Del Castillo v. Secretary, decided Friday in an opinion by Judge Robert Luck, joined by Judges Elizabeth Branch and Ed Carnes (see the bottom of the post for my thoughts on the subject):
Heather Kokesch Del Castillo, an unlicensed dietician and nutritionist, claims that Florida's Dietetics and Nutrition Practice Act, which requires a license to practice as a dietician or nutritionist, violates her First Amendment free speech rights to communicate her opinions and advice on diet and nutrition to her clients. {Del Castillo owned and operated a health-coaching business called Constitution Nutrition. She started her business in California, which did not require her to have a license to operate it. After moving to Florida in 2015, Del Castillo continued to run her business—meeting online with most of her clients and meeting in person with two clients who lived in Florida. She described herself as a "holistic health coach" and not as a dietician. Del Castillo tailored her health coaching to each client, which included dietary advice.} …
[O]ur decision in Locke v. Shore (11th Cir. 2011) … held that a similar state licensing scheme for commercial interior designers did not violate the free speech rights of unlicensed interior designers. [And we conclude that Locke was not] abrogated by the Supreme Court's decision in National Institute of Family & Life Advocates v. Becerra (2018)….
