Advisory Opinions

Conversion Therapy and Free Speech

4 snips
Oct 9, 2025
Hosts delve into a pivotal Supreme Court case on conversion therapy, noting the surprisingly low media coverage. They explore First Amendment implications and the nuances of Colorado's Minor Protection Act. Justice Sotomayor raises provocative hypotheticals about therapy versus medical treatment, igniting a debate on malpractice versus state bans. Additionally, they discuss the federal deployment of the National Guard in Portland and tackle listener questions about sentencing and court preferences, providing a dynamic blend of legal insights and lively commentary.
Ask episode
AI Snips
Chapters
Books
Transcript
Episode notes
INSIGHT

Supreme Court Likely To Protect Talk Therapy

  • The Court likely will reverse the Tenth Circuit and treat talk-based conversion therapy as First Amendment speech subject to strict scrutiny.
  • Labeling counseling as 'treatment' or 'licensing' does not automatically remove it from constitutional protection.
INSIGHT

Statute’s Structure Reveals Viewpoint Risk

  • Colorado's law targets licensed-minor talk therapy while leaving adults and unlicensed conversations untouched, revealing viewpoint-based regulation risks.
  • Childs argues the ban silences professionals holding disfavored views and discriminates based on message.
INSIGHT

Broad Definition Expands Beyond 'Shock' Therapies

  • The statute's 'including' clause sweeps beyond shock therapies into ordinary conversations about behavior and identity.
  • That breadth makes a regulatory label insufficient to evade First Amendment scrutiny.
Get the Snipd Podcast app to discover more snips from this episode
Get the app