Saturday, February 21, 2015

N.C. 'Caveman' Blogger Wins First Amendment Case On Giving Nutrition/Fitness Advice Online Without A State License


A VICTORY FOR FREE SPEECH, PERSONAL RESPONSIBILITY,  INTERNET FREEDOM AND ALTERNATIVE NUTRITION AND FITNESS EVERYWHERE! Can anything be better than this combo?

SOURCES: HOTAIR,
INSTITUTE FOR JUSTICE 
STEVE'S DIABETES-WARRIOR BLOG 

BELOW, FROM THE INSTITUTE FOR JUSTICE'S WEBPAGE:

In December 2011, Steve Cooksey started an advice column on his blog to answer reader questions about his struggle with Type II diabetes. Cooksey had lost 78 pounds, freed himself of drugs and doctors, and normalized his blood sugar after adopting a low-carb “Paleo” diet, modeled on the diet of our Stone Age ancestors. He wanted to use his blog to share his experience with others.

However, in January 2012, the North Carolina Board of Dietetics/Nutrition informed Cooksey that he could not give readers personalized advice on diet, whether for free or for compensation, because doing so constituted the unlicensed practice of dietetics. The board deemed Cooksey’s advice the unlicensed practice of nutritional counseling, sent him a 19-page print-up of his website indicating in red pen what he was and was not allowed to say, and threatened him with legal action if he did not comply.

“All I wanted to do was give adults advice on what they should buy at the grocery store,” said Steve Cooksey. “I was astonished that the government thought it had the power to regulate that sort of ordinary advice. These new guidelines make clear that I can provide that advice to anyone who wants to hear it, and they will provide important protection for all North Carolinians who want to talk with others about diet.”


Cooksey’s situation is not unique—the Institute for Justice is currently litigating two similar cases based out of Texas and Kentucky. In Texas, the Texas Veterinary Board wants to use its licensing power to shut down a retired veterinarian who uses the Internet to give veterinary advice to pet owners who often live in remote areas of the world without access to veterinarians. In Kentucky, John Rosemond—America’s longest running newspaper advice columnist—was ordered by the state’s Psychology Board to cease publishing his parenting column because the Board believes John’s column constitutes the “unlicensed practice of psychology.”

“Cases like Steve’s raise one of the most important unanswered questions in constitutional law: Do occupational licensing laws trump the First Amendment?” said IJ Senior Attorney Paul Sherman. “The Institute for Justice is committed to protecting occupational speech throughout the country. This settlement is an important victory in that fight.”

2 comments:

Bob said...

Colleen is a big fan of John Rosemond. Apparently his law suit still has not been settled.

Webutante said...

Hi Bob, Thanks for touching base....I too am a huge fan of Rosemond and actually met him in Tennessee when he came to speak. Did not know he is in a lawsuit....I am also at the moment. The wheels of justice can grind very slowly....but in the end surely. Best wishes.