Supreme Court Justice Ketanji Brown Jackson is once again drawing attention for her views on free speech, this time in a dissent that stood alone among her colleagues. In Chiles v. Salazar, decided Tuesday, Jackson warned of uncertainty ahead, writing that “to be completely frank, no one knows what will happen now.” Her concern came after the court struck down a Colorado law restricting certain types of counseling related to sexual orientation and gender identity.
The case centered on whether the state could prohibit licensed counselors from engaging in conversations or treatments aimed at changing a minor’s sexual orientation or gender identity. In an 8–1 decision, the court said Colorado’s law violated the First Amendment by limiting speech based on viewpoint. Even the court’s more liberal justices joined the majority, leaving Jackson as the lone dissenter.
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