Tingley v. Ferguson

In Washington State, therapists can lose their licenses if they share views on sexual orientation or gender identity, of which the government disapproves. They may have conversations about “identity exploration,” but state law bans therapists from saying anything that could encourage “[changing] an individual’s sexual orientation or gender identity.” That plainly violates therapists’ right to free speech, but the Ninth Circuit Court of Appeals upheld the law anyway, claiming that licensed professionals have fewer First Amendment protections than others. The Liberty Justice Center has filed a brief urging the U.S. Supreme Court to hear therapist Brian Tingley’s case challenging this law. Therapists, doctors, and other professionals must be allowed to speak with their patients frankly, fully, and honestly. Our brief argues that the First Amendment protects everyone’s right to free speech—including professionals’ right to disagree with the government.