The Megyn Kelly Show SCOTUS Strikes Down State "Conversion Therapy" Ban, Tiger Speaks Out After DUI Arrest: AM Update 4/1
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Apr 1, 2026 Jim Campbell, Chief Legal Counsel at Alliance Defending Freedom and Supreme Court appellate litigator, discusses the high court's 8–1 ruling on Colorado's conversion therapy ban. He explains why counseling was treated as speech and how the decision could affect similar laws. Conversation also touches on the case's remand and potential nationwide implications.
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SCOTUS Treats Counseling Bans As Speech
- The Supreme Court ruled Colorado's conversion therapy ban likely violates the First Amendment as applied to a counselor.
- Justice Neil Gorsuch remanded the case, directing lower courts to apply strict scrutiny against viewpoint-based speech restrictions.
Ruling Signals End Of Viewpoint-Based Counseling Bans
- Jim Campbell frames the ruling as a rejection of government viewpoint discrimination in therapy.
- He notes courts applying strict scrutiny to counseling restrictions have historically struck them down, signaling broad impact on similar laws.
Therapist Conversations Are Protected Speech
- The Court emphasized that conversational counseling is speech, not merely medical conduct.
- Recharacterizing dialogue as conduct can't avoid First Amendment protection, so therapist-client talks remain protected expression.