Professional speech versus conduct test

Updated: 2025.10.14 7D ago 1 sources
The Court is being asked to draw a clear line between protected professional speech (talk therapy) and regulable professional conduct (e.g., prescribing hormones). If talk‑only counseling counts as speech, bans targeting specific counseling goals may be unconstitutional; if it’s treated as conduct, states get wider control. — This distinction will shape how far governments can dictate what licensed professionals say to clients across medicine, counseling, and education.

Sources

Chiles v. Salazar: a Defining Test for the First Amendment
Colin Wright 2025.10.14 100% relevant
Chief Justice Roberts and Justice Kagan pressed counsel on how the analysis changes when counseling is coupled with prescribing hormones, while the Tenth Circuit had labeled the therapy 'professional conduct.'
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