Article archive / December 1, 2015
Originally published: . Volume 6, No. 12. Source pages: 3.
Federal Judge Sides With John Roseman In Lawsuit Against Kentucky Psych Bd
U.S. District Judge Gregory Van Tatenhove found that the Kentucky Board of Examiners of Psychology was “unconstitutional” when they issued a restraining order against newspaper columnist, John Roseman, because he was not licensed in Kentucky. Roseman has a master’s degree in psychology and is licensed as a psychological associate in North Carolina. Roseman writes a national column on parenting.
The Lexington Herald Leader reported that Rosemond filed a federal lawsuit against the Kentucky Psychology board after the board tried to block his publications with a restraining order. According to the Leader, Rosemond and his attorneys said that the psychology board violated Rosemond’s First Amendment right to free speech.
"Rosemond is entitled to express his views, and the fact that he is not a Kentucky-licensed psychologist does not change that fact," Van Tatenhove wrote in his ruling. "If the facts were different, had Rosemond represented himself to be a Kentucky-licensed psychologist or had he actually entered into a client- patient relationship in Kentucky, the outcome might be different,” said the judge, according to the report in the Herald Leader.
“To permit the state to halt this lawful expression would result in a harm far more concrete and damaging to society than the speculative harm which the state purportedly seeks to avoid, and perhaps that is the 'wake up' call best drawn from the facts of this case,” said Van Tatenhove, as quoted in the Herald Leader.
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