Thursday, October 10, 2013
Reparative therapy "advice" is conduct, not protected speech, court says
The California law that prohibits talk reparative therapy intended to change the sexual orientation of minors has been upheld by the Ninth Circuit, on the theory that the “talk” is really “conduct” and not “speech” (in the sense of the First Amendment).
Paul Sherman and Robert McNamara argue that this sets a dangerous precedent in simply “giving advice” that could apply to other areas, in an op-ed in the New York Times, p. A25, Thursday, October 10, 2013, link (web url) here.
The story seems like a curious contraposition to the situation in Russia with the law banning speech mentioning homosexuality in front of minors.