Opinion

JONATHAN TURLEY: Justice Jackson's 'Chiles' dissent reveals narrow view of the First Amendment

Justice Jackson's lone dissent in Chiles v. Salazar raises fresh questions about her record on free speech and what it could mean if Democrats pack the High Court

By Jonathan Turley Fox News

Published April 2, 2026 5:00am EDT

Facebook Twitter Threads Flipboard Comments Print Email Add Fox News on Google

close

Video

SCOTUS rules on Colorado conversion therapy ban, eyes birthright citizenship case

Fox News contributor Jonathan Turley and Fox News legal analyst Gregg Jarrett discuss two high-stakes Supreme Court cases and Rep. Eric Swalwell's, D-Calif., controversial stance on releasing sensitive files on 'Hannity.'

NEWYou can now listen to Fox News articles!

Supreme Court Justice Ketanji Brown Jackson is again warning of a growing threat to the nation. In her lone dissent Tuesday in Chiles v. Salazar, Jackson observed that "to be completely frank, no one knows what will happen now."

The ominous tone stemmed from the fact that free speech had prevailed over state-imposed orthodoxy in a Colorado case. Eight justices, including her two liberal colleagues, ruled that Colorado could not prevent licensed counselors from "any practice or treatment" that "attempts or purports to change" a minor’s sexual orientation or gender identity.

The win for free speech was catastrophic for Jackson and many on the left. Allowing counselors to discuss the causes and basis for sexual orientation changes, Jackson maintained, would "open a can of worms." It would be far better for the majority to simply silence such dissenting voices in the name of science.

COLORADO TRIED TO SILENCE ME FOR HELPING GENDER-CONFUSED KIDS. THE SUPREME COURT JUST RULED 8-1 IN MY FAVOR

The dissent in Chiles is only the latest example of the chilling jurisprudence of Justice Jackson, including a pronounced dismissal of free speech values. Consider the holding of her colleagues that Jackson finds so horrific.

Supreme Court Justice Ketanji Brown Jackson gives a joint lecture, as part of the Flannery Lecture series, at the Ceremonial Courtroom at the U.S. Courthouse on March 9, 2026, in Washington, D.C. (Maxine Wallace/The Washington Pos)

Justice Neil Gorsuch wrote that the First Amendment "reflects … a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth ... any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments."

What a nightmare.

Instead, Jackson would have declared the ban on anything deemed "conversion therapy" to be "conduct," not speech. It is that easy. You simply impose an orthodoxy and then treat any dissenters as being regulated for their........

© Fox News