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