Monday, July 22, 2019
#FREESPEECH IN THE NEWS: July 22, 2019
As the Citadel of Free Speech here in Cleveland, we work to protect and promote the basis of our democracy by sharing related stories, commentary, and opinions on free speech in the 21st century. Here's what's making the news – and what you should know about – in the past week.
1.) Unlicensed “health coach” claims health advice is free speech—court disagrees
A federal court on Wednesday rejected claims by an unlicensed “health coach” that the unqualified health advice she provided to paying clients was protected speech under the First Amendment.
In rejecting her claim, the court affirmed that states do indeed have the right to require that anyone charging for health and medical services—in this case, dietetics and nutrition advice—be qualified and licensed. (State laws governing who can offer personalized nutrition services vary considerably, however.)
Heather Del Castillo, a “holistic health coach” based in Florida, brought the case in October of 2017 shortly after she was busted in an undercover investigation by the state health department. At the time, Del Castillo was running a health-coaching business called Constitution Nutrition, which offered a personalized, six-month health and dietary program. The program involved 13 in-home consulting sessions, 12 of which cost $95 each.
2.) Florida environmentalist not going down without a fight, free speech threatened, she says
Florida environmentalist Maggy Hurchalla is asking the full 4th District Court of Appeal to hear her case after a three-judge panel sided against her last month saying she should pay a Martin County-based rock mine $4.4 million.
The mine, Lake Point Restoration, sued Hurchalla in 2013 saying she acted maliciously when she emailed elected officials about concerns she had with the operations of the billionaire-backed company. Some legal experts said Hurchalla, a Martin County commissioner from 1974 to 1994, was just exercising her right to free speech and fear the massive monetary penalty will have a chilling effect on people who want to contact representatives with grievances.
A coalition of environmental and free speech organizations supported Hurchalla in the 4th DCA appeal of the 2018 lower court ruling including the First Amendment Foundation, American Civil Liberties Union, League of Women Voters, the Florida Wildlife Federation and the Brechner Center for Freedom of Information at the University of Florida.
3.) Settlement resolves 'constitutional wrong' by county commissioners
Two years ago, government transparency advocate Chris Hicks was silenced by the Clermont County Board of Commissioners as he tried to address them during a public participation portion of a board meeting.
Now the county is paying out $146,500 to settle a First Amendment federal lawsuit filed by Hicks.
Hicks said he has two lawsuits against the county, the second involves an open meetings violation. Last April, the commissioners rejected an opportunity to settle both cases for under $67,000 with no admission of guilt, he said.
The First Amendment lawsuit came in the wake of Hicks’ removal from a July 2017 commissioners meeting and a civil protection order filed against him in August 2017 by the then-board president, former commissioner David Uible.
