The fight continues!!!! Indeed!!!
Aahhhgggghhhh!!!! (that’s a primal scream by the way) :)
The North Carolina Trial Court dismissed my lawsuit against the North Carolina Board of Dietetics and Nutrition because it ruled that I was not ‘injured’ by the government’s action.
The law firm that is representing me (Institute for Justice) and I believe that the state court was wrong, because when the government tells you to shut up… or else face prosecution, ultimately the state is inflicting harm. The state is restricting my speech.
The Institute for Justice filed a brief in appeal in front of the US 4th circuit!
This is Great NEWS!!! … the fight CONTINUES!!!
From Jeff Rowes, the lead attorney representing me…
“Under the First Amendment, a citizen is injured by the mere existence of a statute that regulates speech. And there are literally dozens of Supreme Court and federal appellate cases saying that you have standing when the government actually tells you that your speech is illegal. The courts have a very relaxed standard for bringing a First Amendment case because the right to free speech is considered to be so important.
Once the court of appeals recognizes that this is a First Amendment case, we expect it to rule that we have standing and send the case back to the district court to be litigated as a free-speech case.
Because there is arguably disagreement among the federal courts about whether free-speech law should apply to challenges to occupational licensing statutes, the outcome of our appeal—no matter which way it goes—may present an attractive issue for the Supreme Court.
Briefing will be finished by early January, oral argument will take place in the spring, and we expect a decision by early summer.”
With help from the Institute for Justice, the fight IS being carried to the enemy …
Thank you Institute for Justice and …
THANK YOU!!! to all those who have supported me over the years.
If all this is news to you, check out this link for more information regarding my site’s investigation and my lawsuit against the state of NC.
As a doctor who practices Obesity Medicine and uses a low carbohydrate approach in over 95% of his patients I sympathize with you. As a lawyer with a health law practice I sympathize with you. As an American who believes in free speech I sympathize with you. I even got an annoying letter from these folks once before they realized I was a North Carolina licensed physician so I sympathize with you as a fellow letter recipient.
I agree with Jeff Rowes that you should have standing simply because the state told you to shut up because this is a First and Fourteenth Amendment case. Keep up the good work and keep us posted.
Thank you Dr. Bartels and congrats to you sir.
Steve