Institute For Free Speech

Free Speech Arguments

Presented by the Institute for Free Speech

The Free Speech Arguments Podcast brings you oral arguments from important First Amendment free political speech cases across the country. Find us on Spotify and Apple Podcasts.

Episode 37: Chiles v. Salazar 

Chiles v. Salazar, argued before the Supreme Court of the United States on October 7, 2025. Argued by James Campbell (on behalf of Kaley Chiles), Hashim Mooppan, Principal Deputy Solicitor General (on behalf of the United States), and Shannon Stevenson, Colorado Solicitor General (on behalf of Patty Salazar).

Case Background (from the Supreme Court question presented): 

Kaley Chiles is a licensed counselor who helps people by talking with them. A practicing Christian, Chiles believes that people flourish when they live consistently with God’s design, including their biological sex. Many of her clients seek her counsel precisely because they believe that their faith and their relationship with God establishes the foundation upon which to understand their identity and desires. But Colorado bans these consensual conversations based on the viewpoints they express. Its content- and viewpoint-based Counseling Restriction prohibits counseling conversations with minors that might encourage them to change their “sexual orientation or gender identity, including efforts to change behaviors or gender expressions,” while allowing conversations that provide “[a]cceptance, support, and understanding for … identity exploration and development, including … [a]ssistance to a person undergoing gender transition.” Colo. Rev. Stat. § 12- 245-202(3.5).  

The Tenth Circuit upheld this ban as a regulation of Chiles’s conduct, not speech. In doing so, the court deepened a circuit split between the Eleventh and Third Circuits, which do not treat counseling conversations as conduct, and the Ninth Circuit, which does.  

Question presented: 

  • Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause 

Resources: 

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Episode 36: Center for Arizona Policy, et al. v. Arizona Secretary of State, et al., argued before the Arizona Supreme Court on September 11, 2025.
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Episode 35: Gays Against Groomers, et al. v. Garcia, et al., argued before the U.S. Court of Appeals for the Tenth Circuit on September 10, 2025.
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Episode 34: Moving Oxnard Forward, Inc. v. Lourdes Lopez, argued en banc before the U.S. Court of Appeals for the Ninth Circuit on September 9, 2025.
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Episode 33: Lowery v. Mills, argued before the U.S. Court of Appeals for the Fifth Circuit on August 4, 2025.
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Episode 32: OPAWL – Building AAPI Feminist Leadership v. Dave Yost, et al., argued before the U.S. Court of Appeals for the Sixth Circuit on July 23, 2025.
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Episode 31: Libby, et al. v. Fecteau, et al., argued before the U.S. Court of Appeals for the First Circuit on June 5, 2025.
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Episode 30: Americans for Prosperity, et al. v. Meyer, et al., argued before the U.S. Court of Appeals for the Ninth Circuit on May 15, 2025.
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Episode 29: Institute for Free Speech v. J.R. Johnson, et al., argued before the U.S. Court of Appeals for the Fifth Circuit on April 28, 2025.
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Episode 28: Associated Press v. Taylor Budowich, argued before a three-judge panel in the U.S. Court of Appeals for the DC Circuit on April 17, 2025.
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Episode 27: Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut, argued before the U.S. Court of Appeals for the First Circuit on April 8, 2025.
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Episode 26: Parents Defending Education v. Olentangy Local School District, argued before the en banc U.S. Court of Appeals for the Sixth Circuit on March 19, 2025
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Episode 25: Powell, et al. v. United States Securities and Exchange Commission, argued en banc before the U.S. Court of Appeals for the Ninth Circuit on February 13, 2025.
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Episode 24: Henderson v. Springfield R-12 School District, argued en banc before the U.S. Court of Appeals for the Eighth Circuit on January 15, 2025.
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Episode 23: Free Speech Coalition, Inc. v. Paxton, argued before the Supreme Court of the United States on January 15, 2025.
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Episode 22: TikTok Inc. v. Merrick Garland, argued before the Supreme Court of the United States on January 10, 2025.
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Episode 21: Bristol Myers Squibb Co. v. Secretary United States Department of HHS, consolidated under AstraZeneca Pharmaceuticals LP et al v. Secretary United States Department of HHS, argued before the U.S. Court of Appeals for the Third Circuit on October 30, 2024.
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Episode 20: Moms for Liberty – Wilson County, TN, et al. v. Wilson County Board of Education, et al., argued before the U.S. Court of Appeals for the Sixth Circuit on October 29, 2024.
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Episode 19: Central Maine Power Company, et al. v. Maine Commission on Governmental Ethics and Election Practices, et al., argued before the U.S. Court of Appeals for the First Circuit on October 9, 2024.
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Episode 18: Little, et al. v. Llano County, et al., argued en banc before the U.S. Court of Appeals for the Fifth Circuit on September 24, 2024.
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Episode 17: TikTok Inc. v. Merrick Garland, argued before the U.S. Court of Appeals for the District of Columbia Circuit on September 16, 2024.
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Episode 16: NetChoice, LLC v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
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Episode 15: X Corp. v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
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Episode 14: The Imperial Sovereign Court of the State of Montana v. Knudsen, argued before the U.S. Court of Appeals for the Ninth Circuit on June 4, 2024.
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Episode 13: Can You Be Punished for Sharing Publicly Broadcast Court Hearings (Somberg v. McDonald), argued before the U.S. Court of Appeals for the Sixth Circuit on June 12, 2024.
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Episode 12: Florida’s STOP Woke Act in Higher Education (Pernell v. Lamb), argued before the U.S. Court of Appeals for the Eleventh Circuit on June 14, 2024.
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Episode 11: National Republican Senatorial Committee, et al. v. Federal Election Commission, et al., argued before the U.S. Court of Appeals for the Sixth Circuit sitting en banc on June 12, 2024. 
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Episode 10: U.S. v. Sittenfeld, argued before the U.S. Court of Appeals for the Sixth Circuit on May 9, 2024
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Episode 9: Diei v. Boyd, argued before the U.S. Court of Appeals for the Sixth Circuit on May 2, 2024.
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Episode 8: Spectrum WT v. Wendler, argued before the U.S. Court of Appeals for the Fifth Circuit on April 29, 2024.
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Episode 7: Joseph W. Fischer v. United States, argued before the Supreme Court of the United States on April 16, 2024.
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Episode 6: U.S. v. Mackey, argued before the United States Court of Appeals for the Second Circuit on April 5, 2024.
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Episode 5: Gilliam v. Gerregano, argued before the Supreme Court of Tennessee on April 3, 2024.
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Episode 4: Gonzalez v. Trevino, argued before the Supreme Court of the United States on March 20, 2024.
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Episode 3: Murthy v. Missouri, argued before the Supreme Court of the United States on March 18, 2024.
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Episode 2: NRA v. Vullo, argued before the Supreme Court of the United States on March 18, 2024.
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Episode 1: Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, argued before the Supreme Court of the United States on February 26, 2024
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