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Okay, free speech pop quiz: can the government throw Dear Abby in jail?
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Or ban Doctor Phil from TV just for giving advice?
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If you said no, congrats, you understand the First Amendment.
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But if you said yes, then you might be the Kentucky Attorney General.
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Here's the deal. John Rosemond is a North Carolina family psychologist,
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the author 18 books and since 1976
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he has written a popular advice column on parenting that is now syndicated in
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over two
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hundred newspapers. Okay, cue sinister music.
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May 2013
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the Kentucky Attorney General sent John a letter ordering him
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to stop publishing his column in Kentucky or face fines
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and even jail. So what did John write in the world's freest press
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that got him censored? Brace yourselves. John told some parents to take away
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their slacker sons cell phone till he shapes up.
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John also truthfully called himself a family psychologist
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in the tag line in his column. So what's going on here? How can Kentucky possibly
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believe it can censor
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a newspaper column? The problem is government licensing boards.
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They're the new censors, they don't believe the First Amendment applies to them
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and they're going after people just like John all across the country.
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In John's case, the Kentucky Attorney General is doing the dirty work
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of the state psychologist board. The board thinks that John's advice column is the
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unlicensed practice of psychology because he answers personal questions
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from readers. Licensing boards don't think that one-on-one advice is speech.
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They think it's conduct, like filling cavities or installing pipes.
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Because the government doesn't think that advice is speech, it's willing to do
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something
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absolutely crazy like ignore the First Amendment and ban a nationally
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syndicated newspaper column.
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What's next Kentucky? Hard labor for Doctor Oz?
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Treating advice like it isn't speech has drastic implications.
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Let me demonstrate with a beautiful baby. Sometimes he's fussy at night.
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Hm, well I'm a dad and it sounds to me like he's a gassy little guy.
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you should try some Gripe Water and fennel. And then just pump his chubby
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little legs like he's riding a bicycle.
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Okay, thanks!
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You bet, happy to help. You just witnessed a crime.
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Sound far-fetched?
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In 2012 the North Carolina nutritionist board came down on caveman blogger Steve
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Cooksey
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for helping people follow the paleo diet over the Internet.
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Censoring advice is unconstitutional because advice is speech protected by
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the First Amendment.
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That's what John and the Institute for Justice have gone to federal court
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to give Kentucky a little piece of advice. Americans don't tolerate
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censorship.
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%uh
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%uh
