Chiles v. Salazar · ¶2

Held: Colorado's law banning conversion therapy, as applied to Ms. Chiles's talk therapy, regulates speech based on viewpoint, and the lower courts erred by failing to apply sufficiently rigorous First Amendment scrutiny. Pp. 639–655. (a) The First Amendment protects the inalienable right of every individual to decide for himself “how best to speak,” Riley v. National Fed eration of Blind of N. C., Inc., 487 U. S. 781, 791, and laws regulating speech based on its subject matter or “communicative content” are “presumptively unconstitutional,” triggering “strict scrutiny” that requires the government to prove its restriction is “narrowly tailored to serve compelling state interests,” Reed v. Town of Gilbert, 576 U. S. 155, 163. “Viewpoint discrimination” represents an even more “egregious form” of content regulation from which governments must nearly always “abstain.” Rosenberger v.…

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