A case filed by a Virginia professional counselor wishing to offer video counseling to clients in the District of Columbia claims that the DC license requirement is a violation of the First Amendment. The case may go forward, as the judge's ruling on the board's dismissal request finds that the license requirement is content-based regulation of speech (as opposed to regulation of conduct), and the requirement does not survive strict scrutiny, so the claim cannot be dismissed but must be proven that the requirement serves a compelling state interest.
March 17, 2022
