In a majority opinion written by Justice Clarence Thomas, the court struck down the law as a violation of the First Amendment. Thomas rejected California’s argument that “professional speech” was a separate category from that covered in the Bill of Rights, noting that “peech is not unprotected merely because it is uttered by ‘professionals.’”
“As with other kinds of speech, regulating the content of professionals’ speech ‘pose the inherent risk that the Government seeks not to advance a legitimate regulatory goal, but to suppress unpopular ideas or information,’” Thomas continued, noting that “[t]hroughout history, governments have “manipulat[ed] the content of doctor-patient discourse” to increase state power and suppress minorities.”
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