ANALYSIS: Chiles Alters Trajectory for Professional Speech Cases

The impact of the Supreme Court’s Chiles v. Salazar decision in March, which ruled that strict scrutiny must be used in reviewing whether a Colorado conversion therapy ban violates the First Amendment as applied to talk therapy, will likely extend beyond cases that challenge similar laws. It could also significantly limit the use of professional speech defenses in cases involving freedom of speech objections to laws regulating medical practice.

Chiles, NIFLA, and the Impact on Similar Cases

Many states and localities have passed conversion therapy bans similar to Colorado’s, and two of those bans are being challenged in federal ...