Be prepared to get less and less
valuable information on line from professionals since the Supreme Court just
ruled that there will be less free speech allowed from professionals on line. According
to a Supreme Court decision that was left to stand this week, Veterinarians do
NOT have a free speech right to give online advice to pet owners about how to
care for a sick animal.
The Justices turned down a First
Amendment challenge to a Texas law that requires Vets to examine an animal
before offering any advice or suggesting treatment. Does that mean we will be
getting no clues to problems on line anymore? Yes, unless the professional want’s
to leave themselves open to a possible law suit. It is sad that the Supreme
Court rules that any professional knowledge could be deemed as illegal
activity. At least Vets are offering positive health advice and not
all the other harmful nonsense that is currently allowed like bomb making on
the Internet.
Why should there be any
censorship of “occupational speech” as long as the professional ends his or her
advice rant with a disclosure that it is suggested that you see a doctor in
person before taking any action on this possible advice? To censure
professionals is an extreme disservice to the public in general. We should be
glad when a expert is willing to offer us possible choices to explore in order
to help us with our questions on any subject. Now you can enforce limits on
professionals including not just doctors but psychologists, tour guides and
even interior designers.
Dr. Ronald Heines, a semiretired
veterinarian in Texas, sued to challenge the state law after he was fined for
offering advice online. He started a website after retirement and posted
articles about caring for pets. Sounds harmless and downright informative to
me! Does the Supreme Court prefer ignorant bliss? I understand that where the
doctor went wrong was when he took money for his advice on line without a direct
examination
of the animal. However, the advice, should have been considered as just a suggestion
even if he charged for it.
When pet owners contacted him and
asked him for help with their sick pets, he began answering questions and
offering advice. He charged a flat fee of $58 dollars to those who could afford
to pay. He did not prescribe medication and sometimes recommended the owners to
take their pet for a physical examination. Should this retired doctor have to
take his habits to the Supreme Court on ethical issues when you think of all
the more serious problems the Court could be deciding upon? I have no problem
with this guy’s little website. It is up to the consumer to decide the
right decision to make for their pets, we can’t go around stifling
knowledgeable people.
It all started in 2012 when the
Texas Board of Veterinary Medical Examiners accused him of violating state law
by offering advice without having personally examined the animal. Did they feel
his new way of offering advice would take a cut out of their way of doing
business? Everything is on line now from gossip advice to banking advice. Why
are the health professionals biting each other for how to conduct business on
the Internet?
The new law “specifically
prohibits veterinarians from interacting with animal owners “solely by
telephone or electronic means.” He was fined $500 and then he sued alleging the
law violated his rights under the First Amendment of free speech. He won before
a district judge but lost before the 5th U.S. Circuit Court of
Appeals.
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