Caveman Blogger Fights for Free Speech and Internet Freedom

http://www.ij.org/paleospeech

Can the government throw you in jail for offering advice on the Internet about what food people should buy at the grocery store?

That is exactly the claim made by the North Carolina Board of Dietetics/Nutrition. In December 2011, diabetic blogger Steve Cooksey started a Dear Abby-style advice column on his popular blog (www.diabetes-warrior.net) to answer reader questions. One month later, the State Board informed Steve that he could not give readers advice on diet, whether for free or for compensation, because doing so constituted the unlicensed, and thus criminal, practice of dietetics. The State Board also told Steve that his private emails and telephone calls with readers and friends were illegal, as was his paid life-coaching service. The State Board went through Steve's writings with a red pen, indicating what he may and may not say without a government-issued license.

But the First Amendment does not allow the government to ban people from sharing ordinary advice about diet, or scrub the Internet—from blogs to Facebook to Twitter—of speech the government does not like. North Carolina can no more force Steve to become a licensed dietitian than it could require Dear Abby to become a licensed psychologist.

That is why on May 30, 2012, Steve Cooksey joined the Institute for Justice in filing a major free speech lawsuit against the State Board in the U.S. District Court for the Western District of North Carolina, Charlotte Division. This lawsuit seeks to answer one of the most important unresolved questions in First Amendment law: When does the government's power to license occupations trump free speech?

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[Bryon Lape]

I have never met a licensed dietician who gave actual advice. They quote the party line, taught by the government. Following the food pyramid is the best way to become obese.

[094053]

To be honest, this video demonstrates better knowledge on good health and nutrition than your modern physician. 

[Sean Tosh]

North Carolina's legislators are no better than a sanctioned mafia. This is, by far, not their first offense against their own citizens, the free market, or intelligence in general.

[Patrick Smith]

If he did not misrepresent himself then the government is WAY out of line.

[grantcivyt]

Not at all. I'm arguing about what is ethical versus what is presently illegal. I believe it is unethical for a third party to forcibly intervene between two persons, of sound mind and legal age, to conduct a private transaction.

Insofar as ideas spread, this is one part of my efforts toward reaching a more ethical world.

[joemama114]

Someone who has no formal training decides to be an electrition. He opens a buisness, tells his clients straight up and has had years and years of expierence with electrical work but no documented training. He can't legally take money for fixing or altering electrical circuts in someone's home, building, workplace ect due to lack of "training". You're arguing what should be right vs what is right, your feelings matter only as much as the effort that you put forth to change this situation.

[2012stang302]

Bullshit!!!!!! If anyone takes advice, uses it wrongly..or doesn't double check with their doctor if they have concerns...if they harm themselves that's their problem!!! That's why we have doctors!!!!! But the problem starts with too much government interference!!!! As long as somebody doesn't claim to be a professional...no problems. It's up to the person taking the advice to seek a second opinion if they want. You can't even fart without a tax these days. Yep..what a matrix.

[grantcivyt]

To the extent that his advice results in actual harm to someone, there is remedy in the courts. This is true for doctors and most other fields.

However, if he hasn't misrepresented himself, and it doesn't appear he did, the other party to the transaction knew what he was getting himself into. I can pay a neighborhood kid to mow my lawn, but that doesn't make him a professional. I know exactly what I'm getting.

In a free society, sellers and consumer have a right to make mistakes.

[joemama114]

By giving advice he's done nothing wrong, by accepting money for that advice he's consulting someone on how to change their lifestyle. If anything happens to that person as a result of that, HE is responsable in part for the "advice" or consultation. The point I mentioned about being validated is him accepting money for his "advice" implies he has some medical knowlage, that the act of being paid for something makes you a professional and he is not.

[FoodOrFail]

As long as he doesn't claim to be a licensed medical practitioner, and does his due diligence to alert his clients to that fact, there should be no laws to stop him from choosing his own life, liberty and pursuit of happiness. I certainly understand the need for licensed professionals in various fields, because some people want those professionals. But many people DON'T.