Episode Details

I've been working on this case for almost a year now - and I figured I'd give you the ultimate guide to understanding what is evening happening with conversion therapy and the Supreme Court. In this video, I break down the law, the arguments, and what the majority, concurrence, and dissent actually say. More importantly, I explain what the case is really about—because the framing of the question changes everything.

0:00 Background: Framing the Case

6:54 Background: What Colorado Law Says

12:07 Background: Defining Conversion Therapy

20:04 Background: How the Case Got Here

26:37 Background: First Amendment Basics

32:33 Background: How SCOTUS Decisions Work

43:29 Majority: Strict Scrutiny Explained

47:27 Majority: What Therapy Really Is

51:06 Majority: Parsing Colorado Law

54:39 Majority: Speech Versus Conduct

55:17 Majority: Facial V As Applied Challenge

58:34 Majority: Black Swan Analogy

1:02:11 Majority: No Perfect Precedent Fits

1:10:48 Majority: Bad Citations And Categories

1:14:01 Majority: Lawyers Cases Aren't Therapy

1:16:41 Majority: NIFLA Case Breakdown

1:20:24 Majority: Viewpoint Discrimination Claim

1:21:38 Majority: Orientation Versus Behavior

1:24:09 Majority: Religion Not The Issue

1:25:06 Majority: NIFLA

1:28:30 Majority: Professional Speech Limits

1:29:39 Majority: Viewpoint Discrimination Claim

1:36:28 Majority: Speech Versus Conduct

1:38:54 Majority: Informed Consent Analogy

1:45:59 Majority: Licensing Tradition Debate

1:56:51 Majority: Therapy Is Medical Treatment

2:05:16 Majority: Licensing And What’s Still Allowed

2:08:38 Majority: Consent Power Dynamics

2:10:28 Majority: When Actions Are Speech

2:13:57 Majority: Majority Logic Breakdown

2:19:23 Majority: Medical Consensus Hypothetical

2:23:51 Colorado Strategy Failures

2:32:28 Concurrence: Viewpoint Claim

2:36:46 Concurrence: Not A Mirror Image

2:40:54 Dissent: Jackson’s Framework

2:48:19 Dissent: Harms Of Conversion Therapy

2:52:42 Dissent: Why Minors Need Protection

2:52:56 Dissent: Fraud Not Free Speech

2:53:27 Dissent: What The Law Actually Bans

2:54:37 Dissent: Allowed Goals And Counseling

2:55:15 Dissent: Transition And Detransition Clarified

2:56:49 Dissent: Speech Versus Treatment Conduct

2:59:00 Dissent: Case Law And Student Speech

3:02:30 Dissent: NLA Versus Casey Breakdown

3:07:18 Dissent: Words As Medical Treatment

3:11:32 Dissent: Defining Professional Medical Speech

3:15:22 Dissent: Standards Of Care And Viewpoints

3:23:38 Dissent: History Of Licensing And Malpractice

3:32:37 Dissent: Majority Plays With Fire

3:39:04 Dedication And Final Thoughts

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