
Will the Supreme Court Protect Doctors’ Free Speech? Khatibi v. Hawkins | California AB 241, Compelled Speech & CME Science or ideology? California says it can force physicians to teach implicit bias at every continuing medical education (CME) course. Dr. Khatibi speaks with attorney Caleb Trotter of Pacific Legal Foundation to explore how their case up for consideration by the Supreme Court is about far more than one training mandate. If CME becomes “government speech,” states could dictate what doctors must say on any controversial topic. In this episode of WITHIN: Why AB 241 turns private medical education into a government mouthpiece The dangerous expansion of the “government speech” doctrine the Ninth Circuit applied What happens if the Supreme Court declines the case Broader stakes for every licensed professional in America, NOT just doctors The Court is considering whether to hear the case. Watch, share, and stay informed. Subscribe for more conversations on medicine, liberty, and the First Amendment Caleb Trotter is a senior attorney at Pacific Legal Foundation, where he litigates on behalf of individuals and small businesses fighting for their constitutional rights to free speech, economic liberty, and equal protection under the law. Prior to PLF, Caleb clerked for the Institute for Justice and externed for the public defender’s office in Jefferson Parish, Louisiana. Before starting his legal career, he worked in real estate, banking, and investments. Upon witnessing government screw-ups at every level following Hurricane Katrina, and due to absorbing the laissez-faire culture of New Orleans over many years, Caleb came to see the importance of individualism to human flourishing. Caleb attended law school at Loyola University New Orleans, where he graduated cum laude and served as a member of the Loyola Law Review and moot court program. He also earned a BSM in finance and legal studies in business at Tulane University. He lives in Sacramento with his wife, Ashlee, and cat, Frank. Caleb Trotter: @nolatarian Pacific Legal Foundation: pacificlegal.org / X: @pacificlegal CONNECT WITH DR. KHATIBI Substack - X IG FB YouTube Rumble Spotify "Within" show page CHAPTERS 00:00 Introduction to the case and its significance 01:36 Caleb Trotter explains the legal challenge to AB 241 04:47 Broadness of the law and instructor discretion 07:35 Practical implications for CME teaching and medical practice 09:14 Unconstitutional conditions and the right to teach 11:25 CME as private versus government speech 14:27 Judicial participation in CME and the government speech doctrine 16:55 Analogy between CME and public school teaching 20:32 Enmeshment of CME with corporate interests 24:03 Implications of government speech and free speech rights 28:49 Potential for a cascade of state laws and the importance of Supreme Court intervention 33:23 The importance of judicial opinions and circuit splits 37:52 The risk of government overreach in professional education 43:50 The process of Supreme Court review and potential outcomes 48:15 The broader implications for free speech and government regulation 54:03 The importance of vigilance and advocacy in free speech cases 01:01:17 Caleb Trotter's other free speech cases and motivations 01:09:49 Personal motivations and the impact of Hurricane Katrina 01:14:01 Support and advocacy for the case and future legal battles Music licensed through Soundstripe. Code: 19AP6K9QWRN8YQAE #FreeSpeech #KhatibiVHawkins #AB241 #PhysicianFreeSpeech #FirstAmendment #CME #ImplicitBias #PacificLegalFoundation #SupremeCourt #DoNoHarm #WITHINPodcast
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