On March 31, 2026, the Supreme Court of the United States issued its landmark 8–1 decision in Chiles v. Salazar, reclassifying "talk therapy" as protected speech under the First Amendment. This ruling fundamentally shifts the legal landscape, subjecting state-level regulations of clinical therapy to "strict scrutiny" and raising significant questions for the therapy profession. In this session, we will examine the critical distinction between protected speech and professional conduct, and discuss how this ruling impacts state-level oversight and the regulatory power of licensing boards. We will also explore how therapists can navigate this new legal development while remaining grounded in their obligations to maintain clinical competence, avoid injurious behavior, and adhere to established standards of care.  

Learning Objectives:

1. Based on the contents of this session, participants will be able to analyze the legal distinction between professional conduct and protected speech. Participants will be able to differentiate between state-regulated "professional conduct" and First Amendment "protected speech" as defined by the Supreme Court’s ruling. This includes identifying why "talk therapy" now triggers strict scrutiny and understanding how this shift limits a state’s ability to regulate viewpoint-specific clinical dialogue.

2. Based on the contents of this session, participants will be able to evaluate clinical practice risks under the "Strict Scrutiny" framework.
   Participants will learn to assess the practical implications of the Chiles decision on their daily practice, specifically regarding the continued authority of licensing boards and malpractice standards. Learners will identify how to maintain professional standards of care and informed consent protocols in a legal environment where specific legislative bans on therapeutic content may be unenforceable.

3. Based on the contents of this session, participants will be able to examine the AAMFT Code of Ethics and standards of care.
   Participants will examine the AAMFT Code of Ethics and established standards of care following the Chiles v. Salazar case. This includes identifying how to provide evidence-based treatment and maintain clinical competence while navigating the shift from state-level statutory restrictions toward a reliance on professional ethics, informed consent, and self-regulation.

Continuing Education: 1 Credit Hour
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