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.
Steve Sailer
2026.03.03
78% relevant
The article cites the Supreme Court’s temporary block of California’s school policy about transgender students — a concrete litigation moment that hinges on how courts draw lines between protected speech, parental rights and school conduct. That maps onto the existing idea about the Court being asked to separate 'professional speech' from regulable conduct.
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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