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Challenge of D.C.’s professional counselor licensing clears first judicial hurdle

Credit: APK, https://commons.wikimedia.org/wiki/File:E._Barrett_Prettyman_Federal_Courthouse,_DC.jpg

A challenge of the District of Columbia's licensing requirements for professional counseling can proceed, following a March 7 ruling by the U.S. District Court for D.C. that the plaintiff "has stated a viable claim under the First Amendment" and has adequately alleged that the licensing requirement does not survive strict scrutiny.

The plaintiff, Virginia-based professional counselor Elizabeth Brokamp, seeks to counsel clients in D.C. over internet video. Her suit alleges that the D.C. licensing requirement violates the first Amendment, is unconstitutionally overbroad, and is unconstitutionally vague.

Strict scrutiny is a high standard of judicial . . .

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