Colorado’s Counseling Censorship at SCOTUS

In the board game Taboo, a speaker seeks to lead listeners to a certain answer and must point the way using only words that the game allows. The game sets a predetermined goal and censors the speech that would best help teams to achieve it. Such rules ensure a fun game night, but when states deploy them, it crashes the party and violates the First Amendment.

Just ask Colorado counselors. In 2019, Colorado enacted a law that restricts them from having certain conversations about gender and sexuality with clients under the age of 18. Any counselor who speaks the forbidden messages could face steep penalties — up to $5,000 for each violation, possible suspension from practice, and even revocation of the counselor’s license.

JC

About the Author

Jim Campbell

Jim Campbell is chief legal counsel at Alliance Defending Freedom.

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In the board game Taboo, a speaker seeks to lead listeners to a certain answer and must point the way using only words that the game allows. The game sets a predetermined goal and censors the speech that would best help teams to achieve it. Such rules ensure a fun game night, but when states deploy them, it crashes the party and violates the First Amendment.

Just ask Colorado counselors. In 2019, Colorado enacted a law that restricts them from having certain conversations about gender and sexuality with clients under the age of 18. Any counselor who speaks the forbidden messages could face steep penalties — up to $5,000 for each violation, possible suspension from practice, and even revocation of the counselor’s license.