Columbus, OH – On Monday, The Buckeye Institute filed an amicus brief in Khatibi v. Lawson, calling on the U.S. Supreme Court to tell California that medical professionals do not relinquish their First Amendment rights when the state licenses them. 

“The state of California has a right to ensure doctors and other medical professionals are qualified to do their jobs. It does not have the right to force these professionals to parrot the government’s position on controversial topics,” said David C. Tryon, director of litigation at The Buckeye Institute. “This case offers the U.S. Supreme Court an excellent opportunity to rein in the ‘government speech doctrine,’ and declare that California, or any other state, cannot impose speech mandates simply by labeling them ‘government speech.’”

In its brief, The Buckeye Institute argues that 1) in Chiles v. Salazar, the U.S. Supreme Court made it clear that medical professionals are entitled to the full protection the First Amendment offers; and 2) California’s attempt to classify the speech of medical professionals as “government speech” undermines the critical role that the marketplace of ideas has in furthering knowledge and learning. The Buckeye Institute further argues that the U.S. Supreme Court has previously rejected California’s attempt to control the “professional speech” of medical clinic professionals and that the state cannot get around that ruling by labeling “professional speech” as “government speech.”

Dr. Azadeh Khatibi is represented by the Pacific Legal Foundation.

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