Kentucky vs. the First Amendment


Posted: Wednesday, July 17, 2013 8:44 am


Kentucky vs. the First Amendment

Doug Clark

news-record.com

Good for John Rosemond for fighting back against the Kentucky Board of Examiners of Psychology and state Attorney General Jack Conway.


Rosemond is a long-time advice columnist on parenting who lives in North Carolina and is a licensed psychologist here.

But he's not licensed in Kentucky, so knuckleheaded authorities there claim he's practicing psychology without a license by dispensing advice in newspapers published in that state.

Rosemond's columns appear in about 200 papers. So, applying Kentucky's muddled thinking, he'd have to obtain a license in every state where his column can be read.

That doesn't even consider online publication.

Kentucky issued a cease-and-desist order, which in the realm of First Amendment law is called prior restraint. In other words, the state government aims to block publication on his columns.

It apparently doesn't recognize the constitutional principle of a free press or free speech.

At the very least, Kentucky adds, Rosemond should stop identifying himself as a psychologist ...

... even though he is a psychologist.

It would be one thing if Rosemond were counseling one-on-one with patients in Kentucky. He's not. He's writing a column for a general readership.

Maybe Kentucky should try to slap a cease-and-desist order on readers. That would make as much sense.

Does Kentucky think it can regulate a phone conversation if one of its residents calls a psychologist in another state to ask for advice?

Well, Rosemond isn't taking it. He's asking a federal court to tell Kentucky to cease-and-desist in its attempt to override the First Amendment.

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Wednesday, July 17, 2013 8:44 am.


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