The First Amendment Gets in the Way Again

By , December 4, 2012 2:12 pm

According to Ruthann Robson at Constitutional Law Prof Blog, “For Judge Shubb, because ‘a mental health provider’s pursuit of SOCE [sexual orientation change efforts] is guided by the provider’s or patient’s views of homosexuality, it is difficult, if not impossible, to view the conduct of performing SOCE as anything but integrally intertwined with viewpoints, messages, and expression about homosexuality.’ Thus, Judge Shubb concluded that the statute was undoubtedly subject to strict scrutiny.”

As Ann Althouse–a con law prof at the University of Wisconsin–puts it, “Free speech, an American tradition, inconvenient, as ever, to lawmakers who think they know better than the people who insist on talking about things.”

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