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Reason
Reason
Politics
Eugene Volokh

No First Amendment Exception for Professional-Client Speech: States Can't Ban "Conversion Therapy" Speech for Minors

From Justice Gorsuch's opinion for a nearly unanimous Court today in Chiles v. Salazar (only Justice Jackson dissented):

In 2019, Colorado adopted a law prohibiting licensed counselors from engaging in "conversion therapy" with minors…. Colorado's ban on conversion therapy reaches [to cover speech], forbidding "any practice or treatment … that attempts … to change an individual's sexual orientation or gender identity." The law forbids as well any "effor[t] to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex."

At the same time, the law explicitly allows counselors to engage in "practices" that provide "[a]cceptance, support, and understanding for the facilitation of an individual's … identity exploration and development." Likewise, the law allows counselors to provide "[a]ssistance to a person undergoing gender transition." …

The Court held that the law was an unconstitutional viewpoint-based restriction on the counselors' speech, and in the process held that there's no general First Amendment exception for professional-client speech:

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