LJC Applauds Supreme Court’s Decision To Review Colorado Law Curbing Therapists’ Free Speech

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LJC Applauds Supreme Court’s Decision To Review Colorado Law Curbing Therapists’ Free Speech

US Supreme Court. TFP File Photo
US Supreme Court. TFP File Photo

The U.S. Supreme Court announced on March 10 that it will hear Chiles v. Salazar, a pivotal case challenging Colorado’s restrictions on the free speech rights of mental health professionals.

The decision has been met with praise from the Liberty Justice Center, a nonprofit litigation group that filed an amicus brief in December 2024 urging the Court to take up the case.

The lawsuit, brought by counselor Kaley Chiles, targets Colorado’s Mental Health Practice Act, which prohibits licensed therapists, counselors, psychiatrists, and other mental health professionals from offering counseling that includes perspectives on sexual orientation or gender identity deemed unacceptable by the state.

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Chiles argues that the law violates the First Amendment by censoring speech based on its content and the viewpoint it expresses—a form of discrimination she contends stifles her ability to practice her profession freely.

The Tenth Circuit Court of Appeals previously upheld the Colorado law, ruling against Chiles. Undeterred, she petitioned the Supreme Court for review, and today’s announcement confirms the justices will weigh in on the contentious issue. The Liberty Justice Center, which has championed First Amendment causes nationwide, sees the Court’s decision as a critical step toward protecting free expression.

“No one should be forced to give up their right to free speech in order to practice their profession,” said Jacob Huebert, President of the Liberty Justice Center. “We are glad to see the Supreme Court accept Chiles’s case, and trust that they will find the State of Colorado’s attempts to silence therapists’ speech unconstitutional.”

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The Liberty Justice Center’s involvement underscores its ongoing mission to defend constitutional rights at no cost to clients or taxpayers. Best known for its 2018 Supreme Court victory in Janus v. AFSCME, which bolstered public-sector workers’ rights, the organization views Chiles v. Salazar as another opportunity to safeguard free speech against government overreach.

At the heart of the case is a broader debate over the balance between state regulation of professional conduct and individual rights. Colorado’s law, intended to protect clients from certain therapeutic approaches, has drawn criticism for imposing what Chiles and her supporters call a “speech gag” on mental health providers. The Liberty Justice Center’s amicus brief, available on its website, argues that such restrictions not only infringe on therapists’ rights but also undermine their ability to offer personalized care.

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With the Supreme Court now set to hear the case, a ruling—expected in the 2025 term—could have far-reaching implications for mental health professionals across the country. For Chiles and the Liberty Justice Center, the stakes are clear: a chance to affirm that the First Amendment extends fully into the therapy room.

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