First Amendment ruling limits states' ability to regulate counselor speech, sets national precedent.
The Supreme Court ruled 8-1 in Chiles v. Salazar that Colorado's 2019 law prohibiting licensed mental health counselors from performing conversion therapy on minors is unconstitutional. The Court held the statute violated a counselor's First Amendment rights by directly regulating the content and direction of speech during counseling sessions.
The ruling establishes that professional licensing regulations cannot be used to prohibit licensed practitioners from expressing particular viewpoints during treatment, regardless of the therapeutic approach.
Mental health counselors, state licensing boards, and legislators in states with similar bans should consult with First Amendment counsel to assess the implications of this ruling for professional standards and patient care.
Sources
Colorado Conversion Therapy Ban Unconstitutional - First Amendment
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