Institute for Justice

Lawyers for the libertarian Institute for Justice wrote in a New York Times op/ed that the Ninth Circuit was wrong to rule against First Amendment challenges to a "California law that prohibits licensed medical providers from using talk therapy to try to change a minor’s sexual orientation." The Ninth Circuit found that such therapy is “conduct,” not “speech,” according to the piece. The risk of allowing such a ruling to stand is that labeling expression as conduct, not speech, allows the goverment to regulate expression in any which way, Institute for Justice argues.