Government can regulate false speech and professional speech, which bans “gag laws” and compelled speech about laws to restrict abortion, for example. How should health professions share regulatory responsibility with government to prevent true speech about health information from being stifled?
AMA J Ethics. 2018;20(11):E1041-1048. doi:
10.1001/amajethics.2018.1041.
State laws prohibiting sodomy were on the books throughout US history until struck down by the US Supreme Court, which argued in Lawrence v Texas (2003) that the state cannot criminalize private sexual conduct.
Several recent court cases illustrate how some states are attempting to mandate physician reporting of all underage sexual activity as instances of child abuse.