Opinion · Court of Appeals for the Ninth Circuit

Pickup v. Brown

Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2013)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
2013-08-29
Topic
general

holding that a law prohibiting mental health providers from providing sexual orientation change efforts therapy to minors regulated conduct | noting that “outside the doctor-patient relationship, doctors are constitutionally equivalent to soapbox orators and pamphleteers, and their speech receives robust protection under the First Amendment” | noting that “outside the doctor-patient relationship, doctors are constitutionally equivalent to soapbox orators and pamphleteers, and their speech receives robust protection under the First Amendment” | noting that parents cannot compel a state to accept their views “of what therapy is safe and effective for minors” | explaining that the policy at issue in 9 Conant “prohibited speech wholly apart from the actual provision 10 of treatment” | noting that “outside the doctor-patient relationship, doctors are constitutionally equivalent to soapbox orators and pamphleteers, and their speech receives robust protection under the First Amendment” | explaining that the California law did not prevent mental health providers “from expressing their views to patients, whether children or adults, about SOCE, homosexuality, or any other topic” or from “recommending SOCE to patients, whether children or adults” | holding only that “[a] doctor may not counsel a patient to rely on quack medicine” but recognizing that a doctor may talk to patients about quack medicine such as SOCE (emphasis added) (internal quotation marks omitted) | holding only that “[a] doctor may not counsel a patient to rely on quack medicine” but recognizing that a doctor may talk to patients about quack medicine such as SOCE (emphasis added) (internal quotation marks omitted) | holding only that “[a] doctor may not counsel a patient to rely on quack medicine” but recognizing that a doctor may talk to patients about quack medicine such as SOCE (emphasis added) (internal quotation marks omitted) | holding only that “[a] doctor may not counsel a- patient to rely on quack medicine” but recognizing that a doctor may talk to patients about quack medicine such as SOCE (emphasis added) (internal quotation marks omitted) | explaining that the California law did not prevent mental health providers “from expressing their views to patients, whether children or adults, about SOCE, homosexuality, or any other topic” or from “recommending SOCE to patients, whether children or adults” | placing the burdened speech in Casey on the midpoint of the continuum of First Amendment protections | placing the burdened speech in Casey on the midpoint of the continuum of First Amendment protections | holding professional speech is viewed "along a continuum" | upholding a similar ban, again on the rationale that it regulates conduct, not speech | holding professional speech is viewed “along a continuum” | placing Casey at the midpoint on the continuum of First Amendment protections | placing Casey at the midpoint on the continuum of First Amendment protections | placing Casey at the midpoint on the continuum of First Amendment protections | finding that conversion therapy ban regulated conduct | finding that conversion therapy ban regulated conduct | “[T]he law allows discussions about treatment, recommendations to obtain treatment, and expressions of opinions about [sexual orientation change efforts] and homosexuality.” | “Pursuant to its police power, California has authority to regulate licensed mental health providers’ administration of therapies that the legislature has deemed harmful.” | "[T]he presence in a suit of even one party with standing suffices to make a claim justiciable." | "The Supreme Court has made clear that First Amendment protection does not apply to conduct that is not 'inherently expressive.' " | “[T]he law allows discussions about treatment, recommendations to obtain treatment, and expressions of opinions about [sexual orientation change efforts] and homosexuality.” | “[O]utside the doctor-patient relationship, doctors are constitutio

Citator

Cited by
32 opinions

Dissent to Order by Judge O’SCANNLAIN; Opinion by Judge GRABER.

ORDER

The opinion filed on August 29, 2013, and published at 728 F.3d 1042, is replaced by the amended opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petitions for panel rehearing and petitions for rehearing en banc.

The full court has been advised of the petitions for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petitions for panel rehearing and petitions for rehearing en banc are DENIED. No further petitions for panel re *1215 hearing or petitions for rehearing en banc shall be entertained.