Chiles v. Salazar · ¶138

Within the confnes of the professional-patient relationship, treatment-related “truths” are a given—they are set by licensing and malpractice standards, and it is not uncommon that such regulation incidentally restricts provider speech. Moreover, regulation of the practice of medicine is pervasively and unavoidably viewpoint based. The majority and the concurrence both resist this: They relentlessly deride Colorado for engaging in “viewpoint discrimination” by banning conversion therapy but permitting affirming care. Ante, at 645–646 (majority opinion); ante, at 655–657 (Kagan, J., concurring). But context makes that point ring hollow.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.